Removing, duplicating, rearranging matter from/of the prior art? Some remarks on recent ‘Lego’ design case law

Key Points

• Removing features from prior art does not guarantee design validity under EU law, complicating case evaluations.
• The presence of individual character cannot simply rely on rearranging or duplicating prior features, placing constraints on design rights.
• Recent case law involving Lego designs highlights uncertainty in how EU design law is interpreted and applied in practice.
• The implications of these legal interpretations affect the protection of design rights and innovation in the industry.