Doceram owned registered designs for ceramic centring pins used in welding processes. CeramTec challenged their validity, arguing that the shape of the pins was determined exclusively by the technical requirements of the process.

The Court of Justice of the EU established the decisive test: if all the features of a product’s appearance are solely dictated by its technical function, the design is invalid.

More importantly, the existence of alternative shapes is not enough to save the design. Even if there are several ways to achieve the same function, if the chosen shape is dictated exclusively by technical considerations, protection is unavailable.

This is an important practical limit: companies trying to protect technical solutions through industrial design will face obstacles. The correct route for protecting technical solutions is the patent, not the design.