With Regulation EC no. 6/2002 dated December 12, 2002 on Community
Designs, an instrument has been introduced which automatically
protects Designs throughout the European Union.
The Regulation provides for:
- unregistered designs (for a term of 3 years commencing from
the disclosure thereof to the public);
- registered designs (for a term of 25 years, consisting in renewable
5 year terms), commencing from the date of filing of the application.
Components of complex products (which are visible during the course
of their normal use) may, moreover, be protected, as may packaging,
presentations, graphic symbols and typographic typefaces. Features
to be mechanically connected shall not be protected, whereas features
allowing the multiple assembly or connection of mutually interchangeable
products within a modular system are protected.
The requisites for protection are Novelty and Individual Character.
In assessing the requisites for protection, reference must be
made to the Informed User, the margin of freedom of the author
and the margin allowed as a result of the crowded art.
The disclosure of the design by the holder thereof shall not produce
harmful effects for twelve months.
A registered design confers the exclusive right to use the design,
whereas an unregistered design allows the holder of the design
to contest the copying thereof.
The Community principle of exhaustion of the holder’s right
is also provided for.
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