Netherlands: Protection of designs with technical features

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Netherlands: Protection of designs with technical features

In The Netherlands there are two theories concerning the scope of protection of designs with technical features, more specifically the scope of protection of their technical elements. The first one is the so-called apparaat gerichteleer (apparatus-focused doctrine). According to this theory, every design element of a product which is technical or functional should be excluded from design protection. The other one is the so-called resultaat gerichteleer (result-focused doctrine). This theory holds that design protection of technical or functional elements of a product is possible as long as there are alternative technical or functional elements at hand to achieve the same result.

It strongly depends on the product at hand, or even the court determining the scope of protection of a design, which doctrine is followed. On March 29 2016, the Court of The Hague took an appeal decision, on the basis of a possible new doctrine.

In this case a producer of cable clamps, and owner of a registered EU design for these clamps, objected to a design used by a competitor for similar cable clamps.

registered.jpg
objected.jpg

registered design

objected design

In first instance the court of The Hague decided that the design used by the defendant did not infringe the design rights of the applicant, mainly because there is a serious chance that the design registration at hand will be declared invalid for lack of individual character.

Just as in first instance the technical elements of the design were comprehensively discussed. With regard to these elements the appeal court stated that an element of a design which is defined by technical function is only exclusively defined by technical function:

1. if there is only one or a limited number of alternative technical solutions by which the same technical effect can be achieved, or

2. if there is only one or a limited number of real alternatives for the design element by which the same technical solution can be achieved. Such an alternative is not real if it concerns:

a. an addition of an element which is (from a technical point of view) meaningless, such as a decoration or thickening of the technical element; or

b. a deviation of the design of the technical element which is so marginal that it does not have its own individual character compared to the design at hand.

In this case the technical features of the registered design were considered to be exclusively defined by their technical function. This means that the registered design was not infringed. Although this possible new standard did not help the appellant in this case, it could be helpful in other cases in which a (registered) design includes one or more technical/functional features.

Witteman

Maaike Witteman


V.O.Johan de Wittlaan 72517 JR The HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
The UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
Gift this article