Designs: Community Designs

General Information

Member States are : Belgium, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovak Republic, Finland, Sweden, United Kingdom, Romania, Bulgaria & Turkey.

International Agreements : Paris Convention, WTO & Locarno Agreement.

Novelty Requirement : Yes – for s Design to be protected, it must be new and have individual character. Both of these requirements, Novelty and Individual Character, apply equally to registered Community Designs.
A Design of a component part of a complex product is considered to be new and to have individual character only:

  1. If it remains visible during normal use.
  2. To the extent that those visible features of the component fulfill in themselves the requirements as to novelty and individual character.

Classification : Yes – based on Locarno Classification.

Claiming priority : Yes – within 6 months.

Examination : Yes – formal examination.
Publication : Yes

Protection Period : 5 Years - renewable 4 times. Total protection period is 25 years

Annuity payments : Every 5 Years

Compulsory licensing : None

Important Notes :

  1. Disclosure of the Design is permitted if it was made by the designer or the legitimate owner and if it occurred within the 12 months immediately preceding the date of filing of the applicant, or if priority is claimed, the date of Priority.
  2. At the time of filing, a applicant may request that the publication of the Design be deferred (held back) for a period of up to 30 months.

 

Filing Requirements

Design Filing Requirements

  1. Details of the Applicant.
  2. Maximum of 7 clear views of the design or models.
  3. An indication of the product to which the design is to be applied.
  4. Assignment Deed.
  5. The Locarno Class (and any sub-class) to which the product belongs.

 

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