Protection of designs in the EU
Upcoming SlideShare
Loading in...5
×
 

Protection of designs in the EU

on

  • 1,438 views

In the European Union, designs can be protected as a European Community Design. This presentation gives an overview of the Community Design Regulation.

In the European Union, designs can be protected as a European Community Design. This presentation gives an overview of the Community Design Regulation.

Statistics

Views

Total Views
1,438
Views on SlideShare
537
Embed Views
901

Actions

Likes
1
Downloads
9
Comments
0

13 Embeds 901

http://www.pv.eu 548
http://www.pv.dk 204
http://www.pv.no 47
http://dev1.konform.com 40
http://pv.eu 24
http://www.pvdk.jp 15
http://plougmann-vingtoft.dev 9
http://dev.konform.com 9
http://delicatedesignercase.mirildatili.com 1
http://crazydesignercase.mirildatili.com 1
http://firstdesignercase.mirildatili.com 1
http://www.linkedin.com 1
http://twitter.com 1
More...

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Protection of designs in the EU Protection of designs in the EU Presentation Transcript

    • Artist Bjørn Bjørnholt Protection of designs in the EU Erik Sigh M.Sc. Electrical Engineering European Patent Attorney European Design Attorney T +45 33 63 93 46 E ers@pv.euNovember 2012
    • DefinitionsA design is: the visual 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 ornamentationA product is: any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programsA complex product is: a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product 2
    • DefinitionsDesign is not:- Technique, function- Methods, instructions, mode of operation- Software- Tastebut only the visual appearanceAesthetics (beautiful, ugly, pleasing, attractive …) is of no importance 3
    • Protection of designs in the EUA design shall be protected by a European Community design to the extent that- the design is new and- has individual character 4
    • NoveltyA design shall be considered to be new if no identical design has been made available to the public:- in the case of an unregistered Community design, before the date on which the design for which protection is claimed has first been made available to the public – anywhere and by any means,- in the case of a registered Community design, before the date of filing of the application of the design for which protection is claimed, or the priority date.Designs shall be deemed to be identical if their features differ only in immaterial details 5
    • NoveltyNovelty is global and “subjective” novelty:The design is not considered to have been made available to the public:- In cases where the design could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union (this is a narrow exception!)- In cases in which the design has been made available to the public by the designer himself during the 12 month period preceding the date of filing the application (grace period) 6
    • Individual characterA design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:- In the case of an unregistered Community design, before the date on which the design for which protection is claimed has first been made available to the public- In the case of a registered Community design, before the date of filing the application for registration, or the priority date 7
    • Individual character- The informed user is e.g. a person with an interest in the design, such as a potential buyer- In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration 8
    • Individual character 9
    • Individual character 10
    • Individual character 11
    • Protection of designs in the EUA design for a component part of a complex product is only considered to be new and to have individual character if- the component part, once it has been incorporated into the complex product, remains visible during normal use of the product, and- the visible features of the component part fulfil the requirements as to novelty and individual character.Normal use shall mean use by the end user, excluding maintenance, servicing and repair work. 12
    • Protection of designs in the EUA design right cannot be obtained for the parts of a product’s appearance which- are solely dictated by the technical function of the product, or which- must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its functionHowever, a design right of a design may be obtained if the design serves the purpose of allowing the multiple assembly or connection of the mutually interchangeable products within a modular system. 13
    • Registered Community Design, RCDThe application is filed with OHIM in Alicante, Spain or with a national authorityThe application must include representations (drawings, photos) showing the designPriority period: 6 monthsPriority can be claimed from a design application or a utility model application (not a patent application!) 14
    • Registered Community Design, RCDApplications are only examined for formalities.Material requirements for novelty and individual character are not examinedWhen formalities are OK the design is registered and published by OHIM – usually within a few weeks 15
    • Registered Community Design, RCD- Duration: 5 years from filing date- Renewable for periods of 5 years to a maximum of 25 years from filing 16
    • Registered Community Design, RCD- The scope of the protection includes- any design which does not produce on the informed user a different overall impression – i.e. any design without individual character compared to the registered design is protected 17
    • Invalidity of a Registered Community Design, RCDAny third party may file an application for having a Registered Community Design declared invalid.Application for invalidation must include a statement of grounds for invalidityNo time limit 18
    • Unregistered Community design- After the first publication in the EU, the designer automatically has 3 years’ protection- only direct copying is protected 19
    • Spare parts- are parts used for repairing a complex product to restore its original appearance 20