On 22 March 2023, the General Court of the European Union (GC) handed down its decision in case T-617/21 (B&Bartoni spol. s r.o .v EUIPO) (the "Decision") concerning the validity of a design consisting of a torch forming part of a plasma cutting system (the "Design"). The Decision confirms the findings of the European Union Intellectual Property Office Board of Appeal, which deemed the Design as valid and not a component of a complex product as per Article 4(2) of Regulation (EC) No 6/2002 of 12 December 2001 on Community designs. Notably, the GC held that a consumable – as the type of good for which the Design is claimed – cannot be considered as a component, since it is consumed and used relatively quickly, and is easily replaced by the end user without that operation requiring disassembly and re-assembly of the torch to which it is attached. Furthermore, the GC considered as relevant the fact that the torch – i.e. the relevant complex product – is to be considered as complete even without the claimed electrode, and that it is interchangeable and compatible with many types of torches.
Originally published by April, 2023
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