The dispute concerned the design of a linear shower drain, an apparently simple product with elements only partly visible during normal installation and use. The question was whether features not visible in use may be excluded from the analysis.
The CJEU confirmed that only the features visible during normal use of the product are relevant for assessing the overall impression. Hidden components, whether under the floor or inside installations, do not enter the equation.
Purely technical features are likewise excluded from protection, regardless of whether they are visible. Design protects aesthetic appearance, not the functional solution.
For manufacturers of equipment, furniture or any product with partially hidden components, this distinction is crucial: the registered design must target the elements that are actually visible in use, otherwise protection may be limited or invalid.
Apr 2026
Which product features are protected? Easy Sanitary v Group Nivelles
CJEU C-361/15 P | 21 September 2017
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An industrial design does not protect a product in its entirety, only the features visible in normal use. That distinction has major consequences for manufacturers of technical equipment.
Industrial design protects only the elements visible in normal use. Hidden components and technical features are excluded.