- Industrial design rights in the European Union
Industrial design rightsin the European Union are provided at both the Community level by virtue of the Community designand at the national level under indvidual national laws.
designis 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 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
Legoor Mechanomay be protected.
Registered and unregistered
Community designs are available 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 unregsitered 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 systems of
registered designs remain in place alongside the system of Community designs: 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):ref|98-71 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.
The protection of industrial design rights is required by the
Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS, Arts. 25 & 26), to which the European Union is a party.ref|TRIPS The Regulation on Community designsprovides for the recognition of the priority dateof an application for design right registration in a country which is either a member of the World Trade Organizationor a party to the Paris Convention for the Protection of Industrial Property.
European Commissionhas proposed that the European Union become a party to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs:ref|HagueProp as of September 2006, only twelve Member States (plus Icelandand Liechtensteinin the European Economic Area) are parties to the Hague Agreement, and only Hungary, Sloveniaand Spainhave ratified the Geneva Act.ref|HagueParties
Spare parts used for repair
The protection of "component parts of complex products", in particular spare pars 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 Commissionhas 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:ref|CommData it has proposed that the design right protection on these parts be abolished throughout the European Union.ref|CommProp
Community trade mark
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002R0006:EN:NOT Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs]
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002R2245:EN:NOT Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs]
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002R2246:EN:NOT Commission Regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs]
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31998L0071:EN:NOT Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs]
# Council Decision (of 22 December 1994) concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52005PC0687:EN:NOT Proposal for a Council Decision approving the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999]
# [http://www.wipo.int/treaties/en/documents/pdf/hague.pdf Parties to the Hague Agreement Concerning the International Registration of Industrial Designs] as of
# [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52004PC0582:EN:NOT Commission proposal for an amendment to the Directive 98/71/EC]
* [http://ec.europa.eu/internal_market/indprop/design/index_en.htm Designs page] of the
European Commission Directorate-General for the Internal Market
* [http://oami.europa.eu/en/default.htm Office for Harmonisation in the Internal Market]
* [http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm Agreement on Trade-Related Aspects of Intellectual Property Rights]
* [http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html Paris Convention for the Protection of Industrial Property]
* [http://www.wipo.int/hague/en/legal_texts/wo_haa_t.htm Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs]
* [http://www.wipo.int/portal/index.html.en World Intellectual Property Organization]
* [http://www.wto.org/ World Trade Organization]
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