Abstract The German Association for Intellectual Property Law (hereinafter the ‘GRUR Association’), established in 1891, is a recognized non-profit scientific association of members of all professional groups and organizations active in the field of intellectual property law; these are, in particular, academics, judges, civil servants, lawyers, patent attorneys and representatives of associations and companies. The GRUR Committee for Design Law (hereinafter the ‘GRUR Committee’) has been established to determine the positions of the GRUR Association and is made up of design law experts from academia, the judiciary, the legal profession and industry. No member of the GRUR Association or the GRUR Committee who participated in or was involved in the proceedings prior to the request for a preliminary ruling participated in the present comments. The same is true for any member who is a party or participant in the proceedings. Participation in comments is reserved exclusively to members of the GRUR Association.