Modular exceptions in the EU: LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24)

The case of LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24) concerns the interpretation of Regulation (EC) No 6/2002 on Community designs. The CJEU examined the scope of protection under Article 8(3), which creates an exception for designs enabling the assembly or connection of interchangeable components within a modular system.

Background

LEGO owns Community registered designs for toy building blocks (i.e., ). Pozitív Energiaforrás imported competing building sets into Hungary, prompting LEGO to bring infringement proceedings, which led to the Hungarian court request a preliminary ruling with the CJEU.

CJEU Decision

The CJEU recalled that Article 10 CDR protects an EU design against any design that does not create a different overall impression on the informed user – which also applies to designs protected through Article 8(3), including LEGO bricks.

The notion of the informed user must be interpreted consistently across the Regulation: this user is attentive, familiar with sectoral design features, and not elevated to the level of a technical specialist. Article 8(3) does not permit the overall impression to be assessed primarily by reference to technical considerations – the appearance remains the key factor.

Similarly, the designer’s degree of freedom under Article 10(2) must be assessed uniformly. A restricted design freedom makes minor differences more likely to alter the overall impression; broad freedom does the opposite. Where features are dictated solely by technical function, even small variations may produce a different overall impression on the informed user.

The only specific rule applicable to modular systems is that interconnecting features covered by Article 8(3) must be considered when assessing overall impression.

Briffa Comment

The judgment provides significant clarification for rights holders in the modular products sector. By rejecting a narrower, technically focused concept of the informed user in the context of Article 8(3), the CJEU reaffirmed that appearance remains central to design protection—even for modular systems. This ensures the LEGO exception operates as intended without undermining EU design law in general.

Kemal Tayyareci – Solicitor