Regulation on Community designs
Encyclopedia
Council Regulation No 6/2002 of 12 December 2001 on Community designs is a European Union regulation
which introduces a unified system of industrial design rights
, called Community design
s, throughout the
European Union
. The system which includes both unregistered and registered design rights,
operates in addition to national systems of protection in each Member State, which are partially harmonised by the
Directive on the legal protection of designs
(98/71/EC).
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" (Art. 3).
Designs may be protected if:
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
or Mechano may be protected [Art. 8(3)].
which the design was first made available to the public in the European Union. "The public" in this case is defined as "the
circles specialised in the sector concerned".
claim "priority" if an application for a registered design right has been made in a country party to the
Paris Convention for the Protection of Industrial Property
(Paris Convention) or the
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) in the six months prior to the application for
registration of the Community design. Applications may be made in national intellectual property offices, in the
Benelux design office or directly at the Office for Harmonization in the Internal Market
in
Alicante
, Spain
. The detailed rules for applications and procedures for registration are contained in
Commission Regulation (EC) No 2245/2002, while the fees are specified in Commission Regulation (EC) No 2246/2002.
European Union regulation
A regulation is a legislative act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law...
which introduces a unified system of industrial design rights
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...
, called 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...
s, throughout the
European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. The system which includes both unregistered and registered design rights,
operates in addition to national systems of protection in each Member State, which are partially harmonised 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).
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" (Art. 3).
Designs may be protected if:
- they are novel, that is if no identical design has been made available to the public;
- they have individual character, that is the "informed user" would find it 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 Mechano may be protected [Art. 8(3)].
Unregistered Community designs
All designs which are eligible are protected as unregistered Community designs for a period of three years from the date onwhich the design was first made available to the public in the European Union. "The public" in this case is defined as "the
circles specialised in the sector concerned".
Registration of designs
Eligible designs may be registered within one year of their first being made available to the public: it is also possible toclaim "priority" if an application for a registered design right has been made in a country 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...
(Paris Convention) or the
Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement 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) in the six months prior to the application for
registration of the Community design. Applications may be made in national intellectual property offices, in the
Benelux design office or directly at the Office for Harmonization in the Internal Market
Office for Harmonization in the Internal Market
The Office for Harmonization in the Internal Market , or OHIM is the trademark and designs registry for the internal market of the European Union. It is based in Alicante, Spain, and its president is António Campinos.- Task :...
in
Alicante
Alicante
Alicante or Alacant is a city in Spain, the capital of the province of Alicante and of the comarca of Alacantí, in the south of the Valencian Community. It is also a historic Mediterranean port. The population of the city of Alicante proper was 334,418, estimated , ranking as the second-largest...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. The detailed rules for applications and procedures for registration are contained in
Commission Regulation (EC) No 2245/2002, while the fees are specified in Commission Regulation (EC) No 2246/2002.