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

The article analyzed the sentence of the Court of Justice of the European Union of December 18, 2025 on the subject of Deity Shoes, highlighting its relevance for the interpretation of the regime of community projects and models according to Regulation (CE) No. 6/2002. The case, originating in the footwear sector, raised the question whether designs derived from the selection and combination of components from supplier catalogs could benefit from legal protection, as well as the role played by fashion trends in the appreciation of their unique character. The investigation adopted a legal-doctrinal methodology, based on the analysis of the jurisprudence of the Court of Justice, applicable European regulations and specialized academic literature. In its results, the work examined three central aspects of judicial reasoning: the inexistence of a “minimum grade of design” requirement, the interpretation of the singular character in contexts of use of catalogs and the relevance of fashion trends in the evaluation of general impression among the informed user. It was concluded that the sentence consolidates an objective conception of industrial design, centered on the perception of the informed user and not on the creative effort of the author, reinforcing external and verifiable criteria that facilitate its application in sectors of rapid aesthetic evolution.