How the new EU Design Regulation can kill your infringement claim

In a recent decision (case I ZR 116/24), the German Supreme Court (‘GSC’) grappled with the notorious repair clause not once but twice due to the EU’s design law reform that came into force (for the most part) on 1 May 2025. The legislator did not only move the repair clause from Art. 110 Community Design Regulation (‘CDR’) to Art. 20a EU Design Regulation (‘EUDR’) but also narrowed its scope of