Removing, duplicating, rearranging matter from/of the prior art? Some remarks on recent ‘Lego’ design case law

Abstract Prior art is paramount for assessing the validity of a design right. Under a correct reading of EU design law, the mere removal of features from the prior art cannot form the basis of a finding of validity, especially the presence of individual character. The same is true where features are simply duplicated or rearranged. Unfortunately, recent case law revolving around EU designs registered on behalf of Lego A/S provides mixed guidance on these issues.