IP case law Court of Justice

Referral C-472/21 (Monz Handelsgesellschaft International, 2 Aug 2021)



1. Is a component part incorporating a design a ‘visible’ component within the meaning of Article 3(3) of Directive 98/71/EC if it is objectively possible to recognise the design when the component is mounted, or should visibility be assessed under certain conditions of use or from a certain observer perspective?

2. If the answer to Question 1 is that visibility under certain conditions of use or from a certain observer perspective is the decisive factor:
(a) When assessing the ‘normal use’ of a complex product by the end user within the meaning of Article 3(3) and (4) of Directive 98/71/EC, is it the use intended by the manufacturer of the component part or complex product that is relevant, or the customary use of the complex product by the end user?
(b) What are the criteria for assessing whether the use of a complex product by the end user constitutes a ‘normal use’ within the meaning of Article 3(3) and (4) of Directive 98/71/EC?



Case details on the CJEU website (external link)


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