Scope of protection of community designs: the Kinderwagen II case

Germany’s Federal Supreme Court currently hands down an unusually high number of decisions dealing with matters of design law, well above the average handed down since the new German Designs Act and the Community Design Regulation (CDR) took effect in 2004 and 2003, respectively. This may be due to the fact that the practice has raised many questions of fact and law that the court is only now answering.