By David Cullen

The European Court of Justice (ECJ) has clarified the ambiguity which has surrounded the interpretation of Article 8 of the Community Design Regulation (EC) no 6/2002 (CDR); the provision which excludes from design protection those design features which are dictated solely by technical function.

The ECJ’s decision in Doceram v CeramTec (C-395/16), a German design protection case, involved a dispute between two manufacturers of technical ceramic components for the machine and plant construction industries.