Comments of the GRUR Committee for Design Law on the Request for a Preliminary Ruling in Case C-211/24 – LEGO A/S v. Pozitív Energiaforrás Kft.

The article focuses on the German Association for Intellectual Property Law's (GRUR Association) analysis of a preliminary ruling request by the Hungarian court concerning the interpretation of Council Regulation (EC) No. 6/2002 on Community designs (CDR), specifically Articles 8(3), 10, and 89. The GRUR Committee clarifies that the "informed user" standard under Article 10(1) CDR does not require technical expertise or a detailed technical comparison when assessing design infringement, even when the design benefits from the modular system exception under Article 8(3). Regarding remedies under Article 89(1) CDR, the Committee advises that courts should generally order injunctions against infringement, including prohibiting continued use, unless special reasons exist, and may limit corrective measures to only the infringing components within product sets to ensure proportionality and effectiveness. The case involves LEGO A/S asserting infringement of its registered Community designs against a Hungarian company importing toy building blocks.