Abstract
A dispute over the shape of air freshener packaging has provided 12 judgments in 6 EU member states that discuss the still relatively new Community Design Regulation. The decisions provide some guidance until the many interpretational issues in the Regulation can be definitively clarified by the European Court of Justice. For now, the decisions establish that: The tests for novelty and ‘individual character’ are separate tests; The test for infringement is the flipside of the test for validity; The ‘informed user’ is an experienced user of the product and not a design expert; and The test for establishing ‘overall impression’ remains confused. The decisions demonstrate that Registered Community Designs can be a powerful weapon in the fight against knock-off products, although not consistently across the EU.
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