27.02.2020: A (non-visible) second product that is fully integrated in another product is not eligible for design protection
Under Paragraph 4 of Design Act a design which is used in or incorporated into a product which is a component part of a complex product is considered to be new and to have individual character only if the component part incorporated into a complex product remains visible when that product is used as intended and those visible features of the component part itself satisfy the requirements as to novelty and individual character.
It is therefore indispensable that a component part incorporated in the complex product remains visible as a component part of the complex product when it is used as intended; on the other hand, a visibility which is only achieved by or on separation of the component part from the complex product cannot constitute such visibility.
Practical tip:
In the present case, the visibility (under trademark law) of the underside of a bicycle saddle on a bicycle (complex product) was challenged because this underside could actually only be viewed when the bicycle saddle was replaced.
It should therefore be carefully examined whether an actual possibility of recognising design features remains even when the entire product is in use.
It remains to be seen whether this (high) requirement will also be confirmed by the pending appeal.