IP case law Court of Justice

Art. 10 CDR : Scope of protection (informed user)

1. The scope of the protection conferred by a Community design shall include any design which does not produce on the informed user a different overall impression.
2. In assessing the scope of protection, the degree of freedom of the designer in developing his design shall be taken into consideration.

2 appeals

Judgment of 18 Oct 2012, C-101/11 (Herbert Neuman)

Judgment of 20 Oct 2011, C-281/10 (PepsiCo)