Industrial Design Protection in the European Union after the Deity Shoes Judgment: Absence of a “Minimum Degree of Design” under Regulation (EC) No 6/2002 and Its Projection in the Reform Introduced by Delegated Regulation (EU) 2026/137

Abstract

Introduction: The judgment of the Court of Justice of the European Union of 18 December 2025 in the Deity Shoes case makes a significant contribution to the interpretation of the regime for Community designs established in Regulation (EC) No 6/2002. The dispute arose from a conflict in the footwear sector and raised the question of whether designs resulting from the selection and combination of components from suppliers' catalogs can access the legal protection provided for in that Regulation, as well as the role of fashion trends in assessing individual character. Objective: To critically examine the reasoning of the Court of Justice of the European Union and assess its consequences for the interpretation and application of European industrial design law. Materials and methods: The research is developed using a legal-doctrinal methodology based on the analysis of the jurisprudence of the Court of Justice of the European Union, European regulations on industrial designs and specialized academic literature. Results: This study examined the Court's reasoning on three issues: the absence of a "minimum degree of design" requirement; the interpretation of "individual character" in the context of catalog use; and the relevance of fashion trends in assessing the overall impression on the informed user. It also analyzed the implications for European design law in sectors with rapidly evolving aesthetics. Conclusions: The judgment reinforces an objective conception of industrial design, focused on the perception of the informed user rather than the creative effort of the designer, consolidating external and verifiable criteria that facilitate its practical application.