On 19 May 2023, the Court of Venice issued its decision No. 873/2023 (the "Decision") in relation to the infringement and validity of a design for barrier lifts. The Court held that, in accordance with Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, the validity – as well as the infringement – of a given design should be assessed by using the fictional character of the informed user, i.e. a person who, though not a technical expert, has sufficient knowledge of the relevant section. Furthermore, in order to be new, a design need not present new and innovative shapes, it need only create a different impression than prior designs to the informed user. Therefore, the contested design was held as valid and infringed by the defendant's design. While finding the validity of the design, the Court also concluded that the exhibition of the barrier lift incorporating the design was not divulged by its exposure during an exhibition held less than 12 months before its application.
Originally published July 2023
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