COMMUNITY DESIGN

FOREWORD

Protection of community drawings and models is possible as from March 6, 2002.
The protection of community drawings and models can be applied directly in each Member State, and permits to choose between registered and non-registered drawings and models, covering the territory of all the Member States of the EU.

Community drawings and models have the same effects in all the Community, and the extension of the European Union will enhance this protected territory.

Before the Regulations on community drawings and models were approved, only the Benelux countries (Belgium, the Netherlands, Luxembourg) had a unified law on protection of drawings and models. In the rest of member States of the European Union, the protection of drawings and models was done through national laws, which obliged to file an application in each country, thus limiting the protection to that country.

The only alternative was the international system of the The Hague Agreement, administered by the World Intellectual Property Organisation (WIPO). This agreement grants a world-wide protection through the filing of a single application before the WIPO, stating those countries for which the protection is requested. However, this system can only be applied in 8 member States of the European Union (Germany, Belgium, Spain with limited effects, France, Greece, Italy, Luxembourg and The Netherlands) besides other countries not members of the EU.

DEFINITION

A Drawing or a Model is the external appearance of a product or a part of it which is derived from the lines, contours, colours, shape, texture, materials and/or ornaments.

The design or the shape of a product can be a synonym of the trademark and the image of the company, and can become an asset with an economic value which can be increased. If the protection is not applied for, others can take advantage of your investments.

TYPES OF COMMUNITY DRAWINGS AND MODELS

- Registered Community drawings and models confer an exclusive right on the external appearance of a product or a part of it which is derived from its features, particularly lines, contours, colours, shape, texture and/or materials of the product and its ornaments. Community drawings and models are initially registered for five years, and can be subsequently renewed for five year periods up to 25 years. The registered right is an important feature, as it provides a safe protection in case of infraction.

- Non-registered community drawings and models provide protection for a three year period since the date of the dissemination of a drawing or model for the first time in the Community. Non-registered Community drawings and models grant their holders the right to prevent the copy by third parties.

The OHIM does only deal with registered community drawings and models, as it is not mandatory to file any application for non-registered community drawings and models.

The scope of the protection for a registered or non-registered drawing and model is the same. Both are unitary in the European Union and share the same protection requirements, such as novelty and singularity.

However, the rights granted are different, as registered Community drawings and models confer an exclusive right to use and to forbid the manufacturing, the offering, the release, the import, the export, the use or the storage for such purposes of products which feature the drawing or the model, and which do not produce a different general impression.

Non-registered Community drawings and models grant the right to forbid the commercial use of the drawing or model only if this use is derived from a copy.

Unlike registered Community drawings and models, it is not required to file an application in order to protect non-registered models. However, this simplicity has some disadvantages, as the holder of a non-registered community drawing or model may have great trouble in order to prove its protection.

ADVANTAGES OF COMMUNITY DRAWINGS AND MODELS

• Applying a single juridical system to all the Community drawings and models, thus offering a solid and uniform protection throughout the European Union.
• Simplification of the procedure, thanks to:
  • A single application
  • A single language
  • A single administrative centre
  • A single file to manage
  • A single payment
• The possibility of filing multiple applications (e.g.: including several drawings and models in a single application, such as a complete series of similar products)
• The possibility of postponing the publication of a drawing or model for a term of up to 30 months in order to prevent the competitors to be aware of it.
• Granting the holder the exclusive right to use it and to forbid its use by third parties without his/her consent.

Applicable fees to Community drawings and models are very reasonable and advantageous if compared to the whole cost of filing in each country of the European Union. It will be much cheaper to apply for the protection of a Community drawing or model than to apply for the protection via the national protection systems of several countries.

DURATION OF THE PROTECTION

Community drawings and models have a duration of up to 25 years; they will have to be kept in force through renewals, which will be carried out every 5 years, from the date of the application of the community drawing or model.