Industrial design rights in the European Union
Encyclopedia
Industrial design rights
in the European Union are provided at both the Community level by virtue of the Community design
and at the national level under individual national laws.
is defined as "the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation".
Designs may be protected if:
Designs are not protected insofar as their appearance is wholly determined by their technical function, or by the need to interconnect with other products to perform a technical function (the "must-fit" exception). However modular systems such as Lego
or Meccano
may be protected.
s are available under Regulation 6/2002 on the Community Design, which provide a unitary right covering the European Community. Protection for a registered Community design is for up to 25 years, subject to the payment of renewal fees every five years. The unregistered Community design lasts for three years after a design is made available to the public and infringement only occurs if the protected design has been copied.
s: registration in a small number of countries is cheaper than Community registration, and may be more appropriate for smaller manufacturers. National laws are harmonized by the Directive on the legal protection of designs
(98/71/EC): the criteria for eligibility and the duration of protection are the same as for registered Community designs. Many Member States also protect unregistered design rights under their national law, but these are not covered by the Directive.
(TRIPS, Arts. 25 & 26), to which the European Union is a party. The Regulation on Community designs
provides for the recognition of the priority date
of an application for design right registration in a country which is either a member of the World Trade Organization
or a party to the Paris Convention for the Protection of Industrial Property
.
On 1 January 2008, the European Union became a party to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs . This followed the proposal of the European Commission on 22 December 2005 .
has conducted research on the question, which found that spare parts such as wings and bumpers were 6.4–10.3% more expensive in countries where these part were protected by industrial design rights compared with countries where no such protection existed: it has proposed that the design right protection on these parts be abolished throughout the European Union.
Industrial design rights
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three...
in the European Union are provided at both the Community level by virtue of the Community design
Community design
A Community design is a unitary industrial design right that covers the European Union. It has both unregistered and registered forms. The unregistered Community design came into effect on 6 March 2002 and the registered Community design was available from 1 April 2003.-Legal basis:Council...
and at the national level under individual national laws.
Eligible designs
A designDesign
Design as a noun informally refers to a plan or convention for the construction of an object or a system while “to design” refers to making this plan...
is defined as "the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation".
Designs may be protected if:
- they are novel, that is if no design identical or differing only in immaterial details has been made available to the public;
- they have individual character, that is the "informed user" would find the overall impression different from other designs which are available to the public. Where a design forms part of a more complex product, the novelty and individual character of the design are judged on the part of the design which is visible during normal use.
Designs are not protected insofar as their appearance is wholly determined by their technical function, or by the need to interconnect with other products to perform a technical function (the "must-fit" exception). However modular systems such as Lego
Lego
Lego is a line of construction toys manufactured by the Lego Group, a privately held company based in Billund, Denmark. The company's flagship product, Lego, consists of colorful interlocking plastic bricks and an accompanying array of gears, minifigures and various other parts...
or Meccano
Meccano
Meccano is a model construction system comprising re-usable metal strips, plates, angle girders, wheels, axles and gears, with nuts and bolts to connect the pieces. It enables the building of working models and mechanical devices....
may be protected.
Community design
Registered and unregistered Community designCommunity design
A Community design is a unitary industrial design right that covers the European Union. It has both unregistered and registered forms. The unregistered Community design came into effect on 6 March 2002 and the registered Community design was available from 1 April 2003.-Legal basis:Council...
s are available under Regulation 6/2002 on the Community Design, which provide a unitary right covering the European Community. Protection for a registered Community design is for up to 25 years, subject to the payment of renewal fees every five years. The unregistered Community design lasts for three years after a design is made available to the public and infringement only occurs if the protected design has been copied.
National laws
National systems of registered designs remain in place alongside the system of Community designCommunity design
A Community design is a unitary industrial design right that covers the European Union. It has both unregistered and registered forms. The unregistered Community design came into effect on 6 March 2002 and the registered Community design was available from 1 April 2003.-Legal basis:Council...
s: registration in a small number of countries is cheaper than Community registration, and may be more appropriate for smaller manufacturers. National laws are harmonized by the Directive on the legal protection of designs
Directive on the legal protection of designs
Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designsis a European Union directive in the field of industrial design rights, made under the internal marketprovisions of the Treaty of Rome...
(98/71/EC): the criteria for eligibility and the duration of protection are the same as for registered Community designs. Many Member States also protect unregistered design rights under their national law, but these are not covered by the Directive.
International treaties
The protection of industrial design rights is required by the Agreement on Trade-Related Aspects of Intellectual Property RightsAgreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPS, Arts. 25 & 26), to which the European Union is a party. The Regulation on Community designs
Regulation on Community designs
Council Regulation No 6/2002 of 12 December 2001 on Community designs is a European Union regulationwhich introduces a unified system of industrial design rights, called Community designs, throughout theEuropean Union...
provides for the recognition of the priority date
Priority date
Priority date is a United States immigration concept - it is the date of filling for labor certification.A common path to the green card in the United States is to obtain it through a family based or employment based petition, a very complex process that can take many years to complete. When a...
of an application for design right registration in a country which is either a member of the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
or a party to the Paris Convention for the Protection of Industrial Property
Paris Convention for the Protection of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property...
.
On 1 January 2008, the European Union became a party to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs . This followed the proposal of the European Commission on 22 December 2005 .
Spare parts used for repair
The protection of "component parts of complex products", in particular spare parts for cars, was left to Member States' discretion in Directive 98/71/EC, given the divergence of practices and opinions. As required by that Directive, the European CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
has conducted research on the question, which found that spare parts such as wings and bumpers were 6.4–10.3% more expensive in countries where these part were protected by industrial design rights compared with countries where no such protection existed: it has proposed that the design right protection on these parts be abolished throughout the European Union.
See also
- Community trade markCommunity Trade MarkA Community M application in any member state can defeat the entire application, a CTM registration is enforceable in all member states.The CTM system is administered by the Office for Harmonization in the Internal Market , which is located in Alicante, Spain .- Character and advantages :The...
- World Intellectual Property OrganizationWorld Intellectual Property OrganizationThe World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
External links
- Designs page of the European CommissionEuropean CommissionThe European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
Directorate-General for the Internal Market - Office for Harmonisation in the Internal Market
- www.handsoffmydesign.com e-Learning about European Union Design Protection
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Paris Convention for the Protection of Industrial Property
- Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs
- Design Law wiki