Community Design Regulation
(EC) No 6/2002
Abstract
The Community design is well-established in modern commercial life. More than 900,000 Community designs have meanwhile been registered and a sheer immeasurable number of unregistered Community designs have come into being. Unlike in the field of EU trade mark law, there have been no reforms or fundamental changes in the realm of Community design law in recent years. Nonetheless, it is safe to say that it was high time for a comprehensive update, as there has been a deluge of decisions handed down by the EUIPO, the GC, the CJ and the Community design courts since the release of the first edition in spring 2015. Furthermore, the Office's guidelines have been significantly revised. In addition, various amendments were recommended as a result of the design study published in June 2016. All of these aspects are commented in detail in the respective context of this profoundly revised second edition.
The benefits at one glance:
systematic article-by-article commentary on the CDR
commentary on measures and remedies under the Enforcement Directive (2004/48/EC)
analysis of the assertion of Community design rights out of court as well as in litigation in summary and main proceedings in all EU Member States
This commentary is written by practitioners for practitioners "deserving a place on the bookshelf of any professional or student interested in the EU design and trade mark system."
(António Campinos, Executive Director EUIPO, Foreword second edition, June 2018)
Dr Gordian N. Hasselblatt is a partner at CMS Hasche Sigle, Cologne, adjunct professor for international intellectual property law at McGeorge School of Law, Sacramento/California and visiting professor for international design law at the Chicago-Kent College of Law. The authors are renowned experts from the EUIPO, universities and law firms from all over the EU.
Zusammenfassung
The Community design is well-established in modern commercial life. More than 900,000 Community designs have meanwhile been registered and a sheer immeasurable number of unregistered Community designs have come into being. Unlike in the field of EU trade mark law, there have been no reforms or fundamental changes in the realm of Community design law in recent years. Nonetheless, it is safe to say that it was high time for a comprehensive update, as there has been a deluge of decisions handed down by the EUIPO, the GC, the CJ and the Community design courts since the release of the first edition in spring 2015. Furthermore, the Office's guidelines have been significantly revised. In addition, various amendments were recommended as a result of the design study published in June 2016. All of these aspects are commented in detail in the respective context of this profoundly revised second edition.
The benefits at one glance:
systematic article-by-article commentary on the CDR
commentary on measures and remedies under the Enforcement Directive (2004/48/EC)
analysis of the assertion of Community design rights out of court as well as in litigation in summary and main proceedings in all EU Member States
This commentary is written by practitioners for practitioners "deserving a place on the bookshelf of any professional or student interested in the EU design and trade mark system."
(António Campinos, Executive Director EUIPO, Foreword second edition, June 2018)
Dr Gordian N. Hasselblatt is a partner at CMS Hasche Sigle, Cologne, adjunct professor for international intellectual property law at McGeorge School of Law, Sacramento/California and visiting professor for international design law at the Chicago-Kent College of Law. The authors are renowned experts from the EUIPO, universities and law firms from all over the EU.
- I–XXIV Titelei/Inhaltsverzeichnis I–XXIV
- 1–4 A. Commentary 1–4
- 5–28 TITLE I. GENERAL PROVISIONS 5–28
- 5–24 Article 1. Community design 5–24
- 25–28 Article 2. Office 25–28
- 29–282 TITLE II. THE LAW RELATING TO DESIGNS 29–282
- 29–168 SECTION 1. Requirements for protection 29–168
- Article 3. Definitions
- Article 4. Requirements for protection
- Article 5. Novelty
- Article 6. Individual character
- Article 7. Disclosure
- Article 8. Designs dictated by their technical function and designs of interconnections
- Article 9. Designs contrary to public policy or morality
- 169–202 SECTION 2. Scope and term of protection 169–202
- Article 10. Scope of protection
- Article 11. Commencement and term of protection of the unregistered Community design
- Article 12. Commencement and term of protection of the registered Community design
- Article 13. Renewal
- 203–210 SECTION 3. Right to the Community design 203–210
- Article 14. Right to the Community design
- Article 15. Claims relating to the entitlement to a Community design
- Article 16. Effects of a judgment on entitlement to a registered Community design
- Article 17. Presumption in favour of the registered holder of the design
- Article 18. Right of the designer to be cited
- 211–260 SECTION 4. Effects of the Community design 211–260
- Article 19. Rights conferred by the Community design
- Article 20. Limitation of the rights conferred by a Community design
- Article 21. Exhaustion of rights
- Article 22. Rights of prior use in respect of a registered Community design
- Article 23. Government use
- 261–282 SECTION 5. Invalidity 261–282
- Article 24. Declaration of invalidity
- Article 25. Grounds for invalidity
- Article 26. Consequences of invalidity
- 283–345 TITLE III. COMMUNITY DESIGNS AS OBJECTS OF PROPERTY 283–345
- 283–288 Article 27. Dealing with Community designs as national design rights 283–288
- 289–300 Article 28. Transfer of the registered Community design 289–300
- 301–310 Article 29. Rights in rem on a registered Community design 301–310
- 311–316 Article 30. Levy of execution 311–316
- 317–324 Article 31. Insolvency proceedings 317–324
- 325–337 Article 32. Licensing 325–337
- 338–343 Article 33. Effects vis-a`-vis third parties 338–343
- 344–345 Article 34. The application for a registered Community design as an object of property 344–345
- 346–395 TITLE IV. APPLICATION FOR A REGISTERED COMMUNITY DESIGN 346–395
- 346–376 SECTION 1. Filing of applications and the conditions which govern them 346–376
- Article 35. Filing and forwarding of applications
- Article 36. Conditions with which applications must comply
- Article 37. Multiple applications
- Article 38. Date of filing
- Article 39. Equivalence of Community filing with national filing
- Article 40. Classification
- 377–395 SECTION 2. Priority 377–395
- Article 41. Right of priority
- Article 42. Claiming priority
- Article 43. Effect of priority right
- Article 44. Exhibition priority
- 396–411 TITLE V. REGISTRATION PROCEDURE 396–411
- 396–398 Article 45. Examination as to formal requirements for filing 396–398
- 399–401 Article 46. Remediable deficiencies 399–401
- 402–402 Article 47. Grounds for non-registrability 402–402
- 403–403 Article 48. Registration 403–403
- 404–405 Article 49. Publication 404–405
- 406–411 Article 50. Deferment of publication 406–411
- 412–444 TITLE VI. SURRENDER AND INVALIDITY OF THE REGISTERED COMMUNITY DESIGN 412–444
- 412–418 Article 51. Surrender 412–418
- 419–427 Article 52. Application for a declaration of invalidity 419–427
- 428–440 Article 53. Examination of the application 428–440
- 441–444 Article 54. Participation in the proceedings of the alleged infringer 441–444
- 445–467 TITLE VII. APPEALS 445–467
- 445–447 Article 55. Decisions subject to appeal 445–447
- 448–448 Article 56. Persons entitled to appeal and to be parties to appeal proceedings 448–448
- 449–452 Article 57. Time limit and form of appeal 449–452
- 453–454 Article 58. Interlocutory revision 453–454
- 455–457 Article 59. Examination of appeals 455–457
- 458–460 Article 60. Decisions in respect of appeals 458–460
- 461–467 Article 61. Actions before the Court of Justice 461–467
- 468–522 TITLE VIII. PROCEDURE BEFORE THE OFFICE 468–522
- 468–495 SECTION 1. General provisions 468–495
- Article 62. Statement of reasons on which decisions are based
- Article 63. Examination of the facts by the Office of its own motion
- Article 64. Oral proceedings
- Article 65. Taking of evidence
- Article 66. Notification
- Article 67. Restitutio in integrum
- Article 68. Reference to general principles
- Article 69. Termination of financial obligations
- 496–499 SECTION 2. Costs 496–499
- Article 70. Apportionment of costs
- Article 71. Enforcement of decisions fixing the amount of costs
- 500–511 SECTION 3. Informing the public and the official authorities of the Member States 500–511
- Article 72. Register of Community designs
- Article 73. Periodical publications
- Article 74. Inspection of files
- Article 75. Administrative Cooperation
- Article 76. Exchange of publications
- 512–522 SECTION 4. Representation 512–522
- Article 77. General principles of representation
- Article 78. Professional representation
- 523–605 TITLE IX. JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY DESIGNS 523–605
- 523–530 SECTION 1. Jurisdiction and enforcement 523–530
- Article 79. Application of the Convention on Jurisdiction and Enforcement
- 531–599 SECTION 2. Disputes concerning the infringement and validity of Community designs 531–599
- Article 80. Community design courts
- Article 81. Jurisdiction over infringement and validity
- Article 82. International jurisdiction
- Article 83. Extent of jurisdiction on infringement
- Article 84. Action or counterclaim for a declaration of invalidity of a Community design
- Article 85. Presumption of validity – defence as to the merits
- Article 86. Judgements of invalidity
- Article 87. Effects of the judgement on invalidity
- Article 88. Applicable Law
- Article 89. Sanctions in actions for infringement
- Article 90. Provisional measures, including protective measures
- Article 91. Specific rules on related actions
- Article 92. Jurisdiction of Community design courts of second instance – further appeal
- 600–605 SECTION 3. Other disputes concerning Community Design 600–605
- Article 93. Supplementary provisions on the jurisdiction of national courts other than Community design courts
- Article 94. Obligation of the national court
- 606–641 TITLE X. EFFECTS ON THE LAWS OF THE MEMBER STATES 606–641
- 606–616 Article 95. Parallel actions on the basis of Community designs and national design rights 606–616
- 617–641 Article 96. Relationship to other forms of protection under national law 617–641
- 642–653 TITLE XI. SUPPLEMENTARY PROVISIONS CONCERNING THE OFFICE 642–653
- 642–649 SECTION 1. General provisions 642–649
- Article 97. General provision
- Article 98. Language of proceedings
- Article 99. Publication and register
- Article 100. Supplementary powers of the President
- Article 101. Supplementary powers of the Management Board
- 650–653 SECTION 2. Procedures 650–653
- Article 102. Competence
- Article 103. Examiners
- Article 104. The Administration of Trade Marks and Designs and Legal Division
- Article 105. Invalidity Divisions
- Article 106. Boards of Appeal
- 654–668 TITLE XIA. INTERNATIONAL REGISTRATION OF DESIGNS 654–668
- 654–661 SECTION 1. General provisions 654–661
- Article 106a. Application of provisions
- 662–668 SECTION 2. International registrations designating the community 662–668
- Article 106b. Procedure for filing the international application
- Article 106c. Designation fees
- Article 106d. Effects of international registration designating the European Community
- Article 106e. Refusal
- Article 106f. Invalidation of the effects of an international registration
- 669–688 TITLE XII. FINAL PROVISIONS 669–688
- 669–670 Article 107. Implementing regulation 669–670
- 671–672 Article 108. Rules of procedure of the Boards of Appeal 671–672
- 673–676 Article 109. Committee 673–676
- 677–683 Article 110. Transitional provision 677–683
- 684–685 Article 110a. Provisions relating to the enlargement of the Community 684–685
- 686–688 Article 111. Entry into force 686–688
- 689–698 B. Measures under Enforcement Directive 2004/48/EC of 29 April 2004 689–698
- 699–918 C. IP litigation in EU Member States 699–918
- 699–705 Austria 699–705
- 706–714 Belgium 706–714
- 715–721 Bulgaria 715–721
- 722–729 Croatia 722–729
- 730–735 Cyprus 730–735
- 736–742 Czech Republic 736–742
- 743–750 Denmark 743–750
- 751–755 Estonia 751–755
- 756–762 Finland 756–762
- 763–769 France 763–769
- 770–779 Germany 770–779
- 780–786 Greece 780–786
- 787–795 Hungary 787–795
- 796–802 Ireland 796–802
- 803–812 Italy 803–812
- 813–820 Latvia 813–820
- 821–831 Lithuania 821–831
- 832–842 Luxembourg 832–842
- 843–848 Malta 843–848
- 849–856 The Netherlands 849–856
- 857–866 Poland 857–866
- 867–871 Portugal 867–871
- 872–879 Romania 872–879
- 880–887 Slovakia 880–887
- 888–896 Slovenia 888–896
- 897–903 Spain 897–903
- 904–908 Sweden 904–908
- 909–918 United Kingdom 909–918
- 919–1052 D. Annexes 919–1052
- 919–925 Annex 1. DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 919–925
- 926–956 Annex 2. Commission Regulation (EC) No 2245/2002 926–956
- 957–961 Annex 3. Commission Regulation (EC) No 2246/2002 957–961
- 962–1018 Annex 4. GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) 962–1018
- 1019–1052 Annex 5. GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) REGISTERED COMMUNITY DESIGNS 1019–1052
- 1053–1070 E. Table of Cases 1053–1070
- 1071–1092 F. Index 1071–1092
