 | This article relies too much on references to primary sources .(July 2020) (Learn how and when to remove this template message) |
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 (UCD) came into effect on 6 March 2002 and the registered Community design (RCD) was available from 1 April 2003.
Council Regulation (EC) No 6/2002, [1] as implemented by Commission Regulation (EC) No 2245/2002, [2] created both unregistered and registered European Community designs. The Community design is a unitary right that has equal effect across the European Union. [3] The unregistered form of the right has existed since 6 March 2002 while the registered form came into effect on 1 April 2003. [4]
A design 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".
Designs may be protected if:
The scope of protection conferred by a Community design includes any design which does not produce a different overall impression on an informed user, taking the degree of freedom of the designer into consideration. [5] A Community design further confers on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. [6] For an unregistered Community design, however, the contested use must have resulted from copying the protected design. [7]
An unregistered Community design lasts for a period of 3 years from the date on which the design was first made available to the public within the Community. [8] A design shall be deemed to have been made available to the public within the Community if "it has been published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public "for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality." [9]
A registered Community design (RCD [10] ) lasts for up to 25 years from the date on which an application for registration was filed, subject to the payment of maintenance fees. [11] The registration process is administered by the EUIPO in Alicante. [12]
The unregistered Community design provides useful, short-term protection for items of short market duration. The registered Community design provides substantial cost savings compared to obtaining national registrations in individual European countries. [13] The Community design also permits those having business in a number of European countries to protect their designs in all of those countries more simply.
The European patent with unitary effect, more commonly known as the unitary patent, is a new type of European patent in advanced stage of adoption which would be valid in participating member states of the European Union. Unitary effect can be registered for a European patent upon grant, replacing validation of the European patent in the individual countries concerned. The unitary effect means a single renewal fee, a single ownership, a single object of property, a single court and uniform protection—which means that revocation as well as infringement proceedings are to be decided for the unitary patent as a whole rather than for each country individually. Licensing is however to remain possible for part of the unitary territory.
A societas Europaea is a public company registered in accordance with the corporate law of the European Union (EU), introduced in 2004 with the Council Regulation on the Statute for a European Company. Such a company may more easily transfer to or merge with companies in other member states.
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-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
The European Union Intellectual Property Office, founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) and the registered Community design (RCD), two unitary intellectual property rights valid across the 27 Member States of the EU. Every year, it registers an average of 135 000 EU trade marks and close to 100 000 designs. The EUIPO is also responsible for maintaining an Orphan Works Registry. Registered works have certain permitted acts under the Orphan Works Directive.
Three European Union schemes of geographical indications and traditional specialties, known as protected designation of origin (PDO), protected geographical indication (PGI), and traditional specialities guaranteed (TSG), promote and protect names of quality agricultural products and foodstuffs. Products registered under one of the three schemes may be marked with the logo for that scheme to help identify those products. The schemes are based on the legal framework provided by the EU Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. This regulation ensures that only products genuinely originating in that region are allowed to be identified as such in commerce. The legislation first came into force in 1992. The purpose of the law is to protect the reputation of the regional foods, promote rural and agricultural activity, help producers obtain a premium price for their authentic products, and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavour. Critics argue that many of the names, sought for protection by the EU, have become commonplace in trade and should not be protected.
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.
A European Union trade mark or EU trade mark is a trade mark which is pending registration or has been registered in the European Union as a whole.
Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
In the European Economic Area, a supplementary protection certificate (SPC) is a sui generis intellectual property (IP) right that extends the duration of certain rights associated with a patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated, biologically active agents, namely human or veterinary medicaments and plant protection products. Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products.
Design right is a sui generis intellectual property right in British law. There are two types of design rights: the registered design right and the unregistered design right.
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs is a European Union directive in the field of industrial design rights, made under the internal market provisions of the Treaty of Rome. It sets harmonised standards for eligibility and protection of most types of registered design.
Industrial design rights in the European Union are provided at both the Union level by virtue of the Community design and at the national level under individual national laws.
Council Regulation (EC) 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 designs, 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).
The CLP Regulation is a European Union regulation from 2008, which aligns the European Union system of classification, labelling and packaging of chemical substances and mixtures to the Globally Harmonised System (GHS). It is expected to facilitate global trade and the harmonised communication of hazard information of chemicals and to promote regulatory efficiency. It complements the 2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation and replaces the current system contained in the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC).
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
Procter & Gamble v. Office for Harmonization in the Internal Market is a case before the European Court of Justice about the registration of 'BABY-DRY' as a trademark for baby diapers. OHIM refused the registration of the brand as a community mark saying that 'BABY-DRY' wasn't distinctive, but instead that it was descriptive without a secondary meaning.
Design is a form of intellectual property right concerned with the visual appearance of articles which have commercial or industrial use. The visual form of the product is what is protected rather than the product itself. The visual features protected are the shape, configuration, pattern or ornamentation. A design infringement is where a person infringes a registered design during the period of registration. The definition of a design infringement differs in each jurisdiction but typically encompasses the purported use and make of the design, as well as if the design is imported or sold during registration. To understand if a person has infringed the monopoly of the registered design, the design is assessed under each jurisdiction's provisions. The infringement is of the visual appearance of the manufactured product rather than the function of the product, which is covered under patents. Often infringement decisions are more focused on the similarities between the two designs, rather than the differences.
Intellectual property laws in the European Union (EU) | ||||||
|---|---|---|---|---|---|---|
| Copyright |
|  | ||||
| Trade mark | ||||||
| Patent | ||||||
| Designs | ||||||
| Trade secrets | ||||||
| Treaties | ||||||
