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Document 02002R0006-20250501
Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs
Consolidated text: Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs
Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs
02002R0006 — EN — 01.05.2025 — 005.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 (OJ L 003 5.1.2002, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 386 |
14 |
29.12.2006 |
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REGULATION (EU) 2024/2822 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 |
L 2822 |
1 |
18.11.2024 |
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Amended by:
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L 236 |
33 |
23.9.2003 |
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L 157 |
203 |
21.6.2005 |
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L 112 |
21 |
24.4.2012 |
COUNCIL REGULATION (EC) No 6/2002
of 12 December 2001
on European Union designs
TITLE I
GENERAL PROVISIONS
Article 1
EU design
Article 2
European Union Intellectual Property Office
The European Union Intellectual Property Office (“the Office”), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council ( 1 ), shall carry out the tasks entrusted to it by this Regulation.
Article 2a
Capacity to act
For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and obligations of all kinds to make contracts or accomplish other legal acts, and to sue and be sued.
TITLE II
THE LAW RELATING TO DESIGNS
Section 1
Requirements for protection
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
“design” means the appearance of the whole or a part of a product resulting from the features, in particular the lines, contours, colours, shape, texture and/or materials, of the product itself and/or of its decoration, including the movement, transition or any other sort of animation of those features;
“product” means any industrial or handicraft item, other than a computer program, regardless of whether it is embodied in a physical object or materialises in a non-physical form, including:
packaging, sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product;
graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces;
“complex product” means a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product.
Article 4
Requirements for protection
A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:
if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and
to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.
Article 5
Novelty
A design shall be considered to be new if no identical design has been made available to the public:
in the case of an unregistered ►M2 EU design ◄ , before the date on which the design for which protection is claimed has first been made available to the public;
in the case of a registered ►M2 EU design ◄ , before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.
Article 6
Individual character
A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:
in the case of an unregistered ►M2 EU design ◄ , before the date on which the design for which protection is claimed has first been made available to the public;
in the case of a registered ►M2 EU design ◄ , before the date of filing the application for registration or, if a priority is claimed, the date of priority.
Article 7
Disclosure
A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 if the disclosed design, which is identical with or does not differ in its overall impression from the design for which protection is claimed under a registered EU design, has been made available to the public:
by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer or his successor in title; and
during the 12-month period preceding the date of filing of the application or, if a priority is claimed, the date of priority.
Article 8
Designs dictated by their technical function and designs of interconnections
Article 9
Designs contrary to public policy or morality
A ►M2 EU design ◄ shall not subsist in a design which is contrary to public policy or to accepted principles of morality.
Section 2
Scope and term of protection
Article 10
Scope of protection
Article 11
Commencement and term of protection of the unregistered ►M2 EU design ◄
Article 12
Commencement and term of protection of the registered EU design
▼M2 —————
Section 3
Right to the ►M2 EU design ◄
Article 14
Right to the ►M2 EU design ◄
Article 15
Claims relating to the entitlement to an EU design
In the case of a registered EU design, the following shall be entered in the Register of EU designs referred to in Article 72 (“the Register”):
an indication that proceedings under paragraph 1 have been instituted before the competent court or authority of the Member State concerned;
the date and particulars of the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design or any other termination of the proceedings;
any change in the ownership of the registered EU design resulting from the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design.
Article 16
Effects of a final decision on entitlement to a registered EU design
Article 17
Presumption in favour of the registered holder of the design
The person in whose name the registered ►M2 EU design ◄ is registered or, prior to registration, the person in whose name the application is filed, shall be deemed to be the person entitled in any proceedings before the Office as well as in any other proceedings.
Article 18
Right of the designer to be cited
The designer shall have the right, in the same way as the applicant for or the holder of a registered EU design, to be cited as such before the Office and in the Register. If the design is the result of teamwork, the citation of the team may replace the citation of the individual designers. That right shall include the right to enter a change of the name of the designer or of the team in the Register.
Section 4
Effects of the ►M2 EU design ◄
Article 18a
Object of protection
Protection shall be conferred for those features of the appearance of a registered EU design which are shown visibly in the application for registration.
Article 19
Rights conferred by the EU design
The following, in particular, may be prohibited under paragraph 1:
making, offering, placing on the market or using a product in which the design is incorporated or to which the design is applied;
importing or exporting a product referred to in point (a);
stocking a product referred to in point (a) for the purposes referred to in points (a) and (b);
creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling a product referred to in point (a) to be made.
The right referred to in the first subparagraph of this paragraph shall lapse, if, during proceedings to determine whether the EU design has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council ( 2 ), evidence is provided by the declarant or the holder of the products that the holder of the registered EU design is not entitled to prohibit the placing of the products on the market in the country of final destination.
The contested use referred to in the first subparagraph shall not be deemed to result from copying the unregistered EU design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.
Article 20
Limitation of the rights conferred by an EU design
The rights conferred by an EU design shall not be exercised in respect of:
acts carried out privately and for non-commercial purposes;
acts carried out for experimental purposes;
acts of reproduction for the purpose of making citations or of teaching;
acts carried out for the purpose of identifying or referring to a product as that of the design right holder;
acts carried out for the purpose of comment, critique or parody;
the equipment on ships and aircraft that are registered in a third country and that temporarily enter the territory of the Union;
the importation into the Union of spare parts and accessories for the purpose of repairing ships and aircraft referred to in point (f);
the execution of repairs on ships and aircraft referred to in point (f).
Article 20a
Repair clause
Article 21
Exhaustion of rights
The rights conferred by an EU design shall not extend to acts relating to a product in which a design included within the scope of protection of the EU design is incorporated or to which it is applied, when the product has been placed on the market in the European Economic Area (EEA) by the holder of the EU design or with the holder’s consent.
Article 22
Rights of prior use in respect of a registered ►M2 EU design ◄
Article 23
Government use
Any provision in the law of a Member State allowing use of national designs by or for the government may be applied to ►M2 EU designs ◄ , but only to the extent that the use is necessary for essential defence or security needs.
Section 5
Invalidity
Article 24
Declaration of invalidity
Article 25
Grounds for invalidity
A ►M2 EU design ◄ may be declared invalid only in the following cases:
if the design does not correspond to the definition under ►M2 Article 3, point (1) ◄ ;
if it does not fulfil the requirements of Articles 4 to 9;
if, by virtue of a court decision, the right holder is not entitled to the ►M2 EU design ◄ under Article 14;
if the ►M2 EU design ◄ is in conflict with a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, the date of priority of the ►M2 EU design ◄ , and which is protected from a date prior to the said date
by a registered ►M2 EU design ◄ or an application for such a design,
or
by a registered design right of a Member State, or by an application for such a right,
or
by a design right registered under the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999, hereinafter referred to as ‘the Geneva Act’, which was approved by Council Decision 954/2006 and which has effect in the Community, or by an application for such a right;
if a distinctive sign is used in a subsequent design, and Community law or the law of the Member State governing that sign confers on the right holder of the sign the right to prohibit such use;
if the design constitutes an unauthorised use of a work protected under the copyright law of a Member State;
if the design constitutes an improper use of any of the items listed in Article 6ter of the ‘Paris Convention’ for the Protection of Industrial Property hereafter referred to as the ‘Paris Convention’, or of badges, emblems and escutcheons other than those covered by the said Article 6ter and which are of particular public interest in a Member State.
Article 26
Consequences of invalidity
Subject to the national provisions relating either to claims for compensation for damage caused by negligence or lack of good faith on the part of the holder of the ►M2 EU design ◄ , or to unjust enrichment, the retroactive effect of invalidity of the ►M2 EU design ◄ shall not affect:
any decision on infringement which has acquired the authority of a final decision and been enforced prior to the invalidity decision;
any contract concluded prior to the invalidity decision, in so far as it has been performed before the decision; however, repayment, to an extent justified by the circumstances, of sums paid under the relevant contract may be claimed on grounds of equity.
Article 26a
Registration symbol
The holder of a registered EU design may inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter D enclosed within a circle (
). Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.
TITLE III
►M2 EU DESIGNS ◄ AS OBJECTS OF PROPERTY
Article 27
Dealing with ►M2 EU designs ◄ as national design rights
Unless Articles 28, 29, 30, 31 and 32 provide otherwise, a ►M2 EU design ◄ as an object of property shall be dealt with in its entirety, and for the whole area of the ►M2 Union ◄ , as a national design right of the Member State in which:
the holder has his seat or his domicile on the relevant date; or
where point (a) does not apply, the holder has an establishment on the relevant date.
In the case of joint holders, if two or more of them fulfil the condition under paragraph 1, the Member State referred to in that paragraph shall be determined:
in the case of an unregistered ►M2 EU design ◄ , by reference to the relevant joint holder designated by them by common agreement;
in the case of a registered ►M2 EU design ◄ , by reference to the first of the relevant joint holders in the order in which they are mentioned in the register.
Article 28
Transfer of the registered ►M2 EU design ◄
The transfer of a registered ►M2 EU design ◄ shall be subject to the following provisions:
at the request of one of the parties, a transfer shall be entered in the register and published;
until such time as the transfer has been entered in the register, the successor in title may not invoke the rights arising from the registration of the ►M2 EU design ◄ ;
where there are time limits to be observed in dealings with the Office, the successor in title may make the corresponding statements to the Office once the request for registration of the transfer has been received by the Office;
all documents which by virtue of Article 66 require notification to the holder of the registered ►M2 EU design ◄ shall be addressed by the Office to the person registered as holder or his representative, if one has been appointed.
Article 28a
Conferral of implementing powers regarding transfer
The Commission shall adopt implementing acts specifying:
the details to be contained in the request for registration of a transfer referred to in Article 28(3);
the kind of documentation required to establish a transfer as referred to in Article 28(3), taking account of the agreements given by the registered holder and the successor in title.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 29
Rights in rem on a registered ►M2 EU design ◄
Article 30
Levy of execution
Article 31
Insolvency proceedings
Article 32
Licensing
Article 33
Effects vis-à-vis third parties
Article 34
The application for a registered ►M2 EU design ◄ as an object of property
TITLE IV
APPLICATION FOR A REGISTERED ►M2 EU DESIGN ◄
Section 1
Filing of applications and the conditions which govern them
Article 35
Filing of applications
Article 36
Conditions with which applications must comply
An application for a registered EU design shall contain:
a request for registration;
information identifying the applicant;
a sufficiently clear representation of the design, which permits the subject matter for which protection is sought to be determined.
In addition, the application may contain:
a description explaining the representation;
a request for deferment of publication of the registration in accordance with Article 50;
information identifying the representative if the applicant has appointed one;
the classification of the products in which the design is intended to be incorporated or to which it is intended to be applied according to class and subclass of the Locarno Classification, as amended and in force at the date of filing of the application;
the citation of the designer or of the team of designers or a statement under the applicant’s responsibility that the designer or the team of designers has waived the right to be cited.
Article 36a
Conferral of implementing powers regarding the application
The Commission shall adopt implementing acts specifying the details to be contained in the application for a registered EU design. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 37
Multiple applications
Article 37a
Conferral of implementing powers regarding multiple applications
The Commission shall adopt implementing acts specifying the details to be contained in the multiple application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 38
Date of filing
The date of filing of an application for a registered EU design shall be the date on which documents containing the information specified in Article 36(1) are filed with the Office by the applicant, subject to the payment of the application fees referred to in Article 36(4) and Article 37(2) within one month of filing those documents.
Article 39
Equivalence of Union filing with national filing
An application for a registered EU design which has been accorded a date of filing shall, in the Member States, be equivalent to a regular national filing, including where appropriate the priority claimed for the EU design application.
Article 40
Classification
For the purpose of this Regulation, use shall be made of the Annex to the Agreement establishing an International Classification for Industrial Designs, signed at Locarno on 8 October 1968.
Section 2
Priority
Article 41
Right of priority
Article 42
Claiming priority
An applicant for a registered ►M2 EU design ◄ desiring to take advantage of the priority of a previous application shall file a declaration of priority and a copy of the previous application. If the language of the latter is not one of the languages of the Office, the Office may require a translation of the previous application in one of those languages.
Article 42a
Conferral of implementing powers regarding the claim of priority
The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the priority of a previous application in accordance with Article 42(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 43
Effect of priority right
The right of priority shall have the effect that the date of priority shall count as the date of the filing of the application for a registered EU design for the purposes of Articles 5, 6, 7 and 22, Article 25(1), points (d), (e) and (f), and Article 50(1).
Article 44
Exhibition priority
Article 44a
Conferral of implementing powers
The Commission shall adopt implementing acts specifying the type and details of evidence to be filed for claiming an exhibition priority in accordance with Article 44(2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
TITLE V
REGISTRATION PROCEDURE
Article 45
Examination as to formal requirements for filing
The Office shall examine whether:
the application for a registered EU design complies with the requirements referred to in Article 36(2), (3) and (5) and, in the case of a multiple application, in Article 37(1) and (3);
where relevant, the additional fee for deferment of publication pursuant to Article 36(4) has been paid within the prescribed period;
where relevant, the additional fee for deferment of publication in respect of each design included in a multiple application pursuant to Article 37(2) has been paid within the prescribed period.
▼M2 —————
Article 47
Grounds for non-registrability
If the Office, in carrying out the examination pursuant to Article 45, notices that the design for which protection is sought:
does not correspond to the definition under ►M2 Article 3, point (1) ◄ ; or
is contrary to public policy or to accepted principles of morality, it shall refuse the application.
Article 47b
Delegation of power regarding the amendment of the application
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details of the procedure for the amendment of the application as referred to in Article 47a(2).
Article 48
Registration
Article 49
Publication
Upon registration, the Office shall publish the registered ►M2 EU design ◄ in the ►M2 EU Designs ◄ Bulletin as mentioned in Article 73(1). The contents of the publication shall be set out in the implementing regulation.
Article 49a
Conferral of implementing powers regarding publication
The Commission shall adopt implementing acts laying down the details to be contained in the publication referred to in Article 49. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 50
Deferment of publication
Article 50c
Conferral of implementing powers
The Commission shall adopt implementing acts specifying the details to be contained in and the form of the certificate of registration referred to in Article 50b. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 50d
Renewal
Failing that, the request may be submitted and the fee paid within a further period of six months following the expiry of the registration, provided that an additional fee for late payment of the renewal fee or late submission of the request for renewal is paid within that further period.
The request for renewal referred to in paragraph 1 shall include:
the name of the person requesting renewal;
the registration number of the EU design to be renewed;
in case of a registration on the basis of a multiple application, an indication of the designs for which renewal is requested.
If the renewal fees are paid, the payment shall be deemed to constitute a request for renewal provided that it contains all necessary indications to establish the purpose of the payment.
Article 50f
Conferral of implementing powers regarding alteration
The Commission shall adopt implementing acts specifying the details to be contained in the request for alteration referred to in Article 50e(2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 50h
Conferral of implementing powers regarding change of name or address
The Commission shall adopt implementing acts specifying the details to be contained in a request for a change of name or address pursuant to Article 50g(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
TITLE VI
SURRENDER AND INVALIDITY OF THE REGISTERED ►M2 EU DESIGN ◄
Article 51
Surrender
Article 51a
Conferral of implementing powers regarding surrender
The Commission shall adopt implementing acts specifying:
the details to be contained in a declaration of surrender pursuant to Article 51(1);
the kind of documentation required to establish the agreement of a third party pursuant to Article 51(3) and the agreement of a claimant pursuant to Article 51(4).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 52
Application for a declaration of invalidity
Article 53
Examination of the application
Article 53a
Delegation of power regarding the declaration of invalidity
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details of the proceedings for the declaration of invalidity of an EU design as referred to in Articles 52 and 53, including the possibility of examining an application for a declaration of invalidity as a matter of priority where the holder of the registered EU design does not contest the grounds of invalidity or the relief sought.
Article 54
Participation in the proceedings of the alleged infringer
The same shall apply in respect of any third party who proves both that the right holder of the ►M2 EU design ◄ has requested that he cease an alleged infringement of the design and that he has instituted proceedings for a court ruling that he is not infringing the ►M2 EU design ◄ .
TITLE VII
APPEALS
Article 55
Decisions subject to appeal
Article 55a
Delegation of power regarding appeal proceedings
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying:
the formal content of the notice of appeal referred to in Article 68 of Regulation (EU) 2017/1001 and the procedure for the filing and examination of the appeal;
the formal content and form of the decisions of the Boards of Appeal as referred to in Article 71 of Regulation (EU) 2017/1001;
the reimbursement of the appeal fee referred to in Article 68 of Regulation (EU) 2017/1001.
Article 56
Persons entitled to appeal and to be parties to appeal proceedings
Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right.
Article 57
Time limit and form of appeal
Notice of appeal must be filed in writing at the Office within two months after the date of notification of the decision appealed from. The notice shall be deemed to have been filed only when the fee for appeal has been paid. Within four months after the date of notification of the decision, a written statement setting out the grounds of appeal must be filed.
Article 58
Interlocutory revision
Article 59
Examination of appeals
Article 60
Decisions in respect of appeals
Article 61
Actions before the Court of Justice
TITLE VIII
PROCEDURE BEFORE THE OFFICE
Section 1
General provisions
Article 62
Statement of reasons on which decisions are based
Decisions of the Office shall state the reasons on which they are based. They shall be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments.
Article 63
Examination of the facts by the Office of its own motion
Article 64
Oral proceedings
Article 64a
Delegation of power regarding oral proceedings
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for oral proceedings referred to in Article 64, including the detailed arrangements for the use of languages in accordance with Article 98.
Article 65
Taking of evidence
In any proceedings before the Office the means of giving or obtaining evidence shall include the following:
hearing the parties;
requests for information;
the production of documents and items of evidence;
hearing witnesses;
opinions by experts;
statements in writing, sworn or affirmed or having a similar effect under the law of the State in which the statement is drawn up.
Article 65a
Delegation of power regarding the taking of evidence
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for the taking of evidence referred to in Article 65.
Article 66
Notification
The Office shall, as a matter of course, notify those concerned of decisions and summonses and of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under other provisions of this Regulation or of the implementing regulation, or of which notification has been ordered by the President of the Office.
Article 66a
Delegation of power regarding notification
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for notification referred to in Article 66.
Article 66d
Delegation of power regarding communications to the Office
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the rules on communications addressed to the Office as referred to in Article 66c and the forms for such communication that are to be made available by the Office.
Article 66f
Delegation of power regarding calculation and duration of time limits
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details regarding the calculation and duration of time limits referred to in Article 66e.
Article 66i
Delegation of power regarding cancellation of entries and revocation of decisions
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the procedure for the cancellation of an entry in the Register or the revocation of a decision as referred to in Article 66h.
Article 67
Restitutio in integrum
Article 67c
Delegation of power regarding the resumption of proceedings
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for the resumption of proceedings before the Office referred to in Article 67b(2).
Article 68
Reference to general principles
In the absence of procedural provisions in this Regulation or in acts adopted pursuant to this Regulation, the Office shall take into account the principles of procedural law generally recognised in the Member States.
Article 69
Termination of financial obligations
Section 2
Costs
Article 70
Apportionment of costs
Article 70a
Conferral of implementing powers regarding maximum rates for costs
The Commission shall adopt implementing acts specifying the maximum rates for costs essential to the proceedings and actually incurred by the successful party as referred to in Article 70(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
When specifying the maximum rates with respect to travel and subsistence costs, the Commission shall take into account the distance between the place of residence or business of the party, representative, witness or expert and the place where the oral proceedings are held, the procedural stage at which the costs have been incurred, and, as far as costs of representation within the meaning of to Article 78(1) are concerned, the need to ensure that the obligation to bear the costs cannot be misused for tactical reasons by the other party. In addition, subsistence expenses shall be calculated in accordance with the Staff Regulations of Officials of the Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 3 ). The losing party shall bear the costs for one party in the proceedings only and, where applicable, one representative only.
Article 71
Enforcement of decisions fixing the amount of costs
Section 3
Informing the public and the official authorities of the Member States
Article 72
Register of EU designs
The Register shall contain the following entries relating to EU design registrations:
the date of filing and registration of the application, pursuant to Article 48(3);
the file number of the application and the file number of each individual design included in a multiple application;
the date of the publication of the registration;
the name, and the city and country of the applicant;
the name and business address of the representative, other than a representative referred to in Article 77(3), first subparagraph;
the representation of the design;
the names of the products, preceded by the numbers of the classes and subclasses of the Locarno classification;
particulars of claims of priority pursuant to Article 42;
particulars of claims of exhibition priority pursuant to Article 44;
the citation of the designer or of the team of designers pursuant to Article 18, or a statement that the designer or the team of designers has waived the right to be cited;
the language in which the application was filed and the second language which the applicant has indicated in the application, pursuant to Article 98(3);
the date of registration of the design in the Register and the registration number pursuant to Article 48(1);
an indication of any request for deferment of publication pursuant to Article 50(3), specifying the date of expiry of the period of deferment;
an indication that a description was filed pursuant to Article 36(3), point (a).
The Register shall also contain the following entries, each accompanied by the date of their recording:
changes in the name or business address of the representative, other than a representative referred to in Article 77(3), first subparagraph;
where a new representative is appointed, the name and business address of that representative;
changes in the name of the designer or the team of designers pursuant to Article 18;
an indication that entitlement proceedings have been instituted before the competent court or authority under Article 15(5), point (a);
the date and particulars of the final decision of the competent court or authority or other termination of proceedings pursuant to Article 15(5), point (b);
a change of ownership pursuant to Article 15(5), point (c);
a transfer pursuant to Article 28;
the creation or transfer of a right in rem pursuant to Article 29 and the nature of the right in rem;
a levy of execution pursuant to Article 30 and insolvency proceedings pursuant to Article 31;
the renewal of the registration pursuant to Article 50d and the date from which that renewal takes effect;
the determination of the expiry of the registration pursuant to Article 50d(8);
a declaration of surrender by the holder pursuant to Article 51(1);
the date of submission and the particulars of an application for a declaration of invalidity under Article 52, of a counterclaim for a declaration of invalidity pursuant to Article 84(5) or of an appeal brought pursuant to Article 55;
the date and particulars of the final decision on the application for a declaration of invalidity pursuant to Article 53, of the final decision on a counterclaim for a declaration of invalidity pursuant to Article 86(3), of the final decision on an appeal pursuant to Article 55, or of any other termination of proceedings pursuant, to those Articles;
the cancellation of the entry concerning the representative recorded pursuant to paragraph 2, point (e);
the modification or cancellation from the Register of the items referred to in paragraph 3, points (l), (m) and (n).
the revocation of a decision or the cancellation of an entry in the Register pursuant to Article 66h, where the revocation concerns a decision or the cancellation concerns an entry which has been published.
The processing of the data concerning the entries set out in paragraphs 2 and 3, including any personal data, shall take place for the purposes of:
administering the applications, registrations, or both, as described in this Regulation and any acts adopted pursuant to it;
maintaining a public Register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties;
producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system for registration of EU designs.
Article 72a
Database
The electronic database may include personal data, beyond those included in the Register pursuant to Article 72, to the extent that such data are required by this Regulation or by acts adopted pursuant to it. The collection, storage and processing of personal data shall serve the purposes of:
administering the applications, registrations, or both, as described in this Regulation and in acts adopted pursuant to it;
accessing the information necessary for conducting the relevant proceedings more easily and efficiently;
communicating with the applicants and other parties to the proceedings; and
producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.
Article 72b
Online access to decisions
Article 73
Periodical publications
Article 73a
Conferral of implementing powers regarding periodical publications
The Commission shall adopt implementing acts specifying:
the date to be considered as the date of publication in the European Union Designs Bulletin;
the manner of publication of entries regarding the registration of a design which do not contain changes as compared to the publication of the application;
the forms in which editions of the Official Journal of the Office may be made available to the public.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 74
Inspection of files
This shall in particular apply if the interested person proves that the applicant for or the holder of the registered ►M2 EU design ◄ has taken steps with a view to invoking against him the right under the registered ►M2 EU design ◄ .
Where the files are inspected pursuant to paragraph 2 or 3, the following parts of the file shall be excluded from inspection:
documents relating to exclusion or objection pursuant to Article 169 of Regulation (EU) 2017/1001;
draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions;
parts of the file which the party concerned showed a special interest in keeping confidential before the request for inspection of the files was made, unless inspection of such part of the file is justified by overriding legitimate interests of the party seeking inspection.
Article 74a
Procedures for the inspection of files
Where the request for inspection of the files relates to an application for a registered EU design or to a registered EU design which are subject to deferment of publication in accordance with Article 50 or which, being subject to such deferment, have been surrendered before or on the date of expiry of that period, the request shall contain evidence that:
the applicant for or holder of the EU design has consented to the inspection; or
the person requesting the inspection has established a legitimate interest in the inspection of the file.
Article 74b
Communication of information contained in the files
Subject to the restrictions provided for in Article 74, the Office may, upon request, communicate information from any file of any procedure relating to an EU design application or to a registered EU design.
Article 74c
Keeping of files
Where, and to the extent that, files or parts of the files are kept in any form other than electronically, documents or items of evidence constituting part of such files shall be kept for at least five years from the end of the year in which:
the application is rejected or withdrawn;
the registration of the EU design expires definitively;
the surrender of the registered EU design is entered in the Register pursuant to Article 51;
the registered EU design is definitively removed from the Register.
Article 75
Administrative cooperation
Article 75a
Conferral of implementing powers regarding administrative cooperation
The Commission shall adopt implementing acts setting out the detailed arrangements for the exchange of information between the Office and the authorities of the Member States and for the opening of files for inspection as referred to in Article 75, taking into account the restrictions to which the inspection of files relating to EU design applications or registrations is subject, pursuant to Article 74, when they are opened to third parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
▼M2 —————
Section 4
Representation
Article 77
General principles of representation
An employee of a legal person to which this paragraph applies may also represent other legal persons which have economic connections with the first legal person, even if those other legal persons have neither their domicile nor their principal place of business nor a real and effective industrial or commercial establishment within the EEA.
Employees who represent persons within the meaning of this paragraph shall, at the request of the Office or, where appropriate, of the party to the proceedings, provide the Office with a signed authorisation for insertion in the files.
Article 78
Professional representation
Representation of natural or legal persons in proceedings before the Office under this Regulation may only be undertaken by any of the following:
a legal practitioner qualified in one of the States party to the EEA Agreement and having the place of business within the EEA, to the extent that the legal practitioner is entitled, within that State, to act as a representative in industrial property matters;
professional representatives whose names appear on the list of professional representatives referred to in Article 120(1), point (b), of Regulation (EU) 2017/1001;
professional representatives whose names appear on the special list of professional representatives for design matters referred to in paragraph 4.
The Office shall establish and maintain a special list of professional representatives in design matters. Any natural person who fulfils all the following conditions may be entered on that list:
being a national of one of the States party to the EEA Agreement;
having the place of business or employment in the EEA;
being entitled to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or before the central industrial property office of a State party to the EEA Agreement.
Where the entitlement referred to in the first subparagraph, point (c), is not conditional upon the requirement of having special professional qualifications, a person applying to be entered on the list who acts in design matters before the Benelux Office for Intellectual Property or a central industrial property office shall have habitually so acted for at least five years.
However, persons whose professional qualification to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or a central industrial property office is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.
The Executive Director may grant an exemption from any of the following:
the requirement set out in paragraph 4, first subparagraph, point (a), in the case of highly qualified professionals, provided that the requirements set out in paragraph 4, first subparagraph, points (b) and (c), are fulfilled;
the requirement set out in paragraph 4, second subparagraph, if the person applying to be entered on the list furnishes proof that he or she has acquired the required qualification in another way.
Article 78a
Delegation of power regarding professional representation
The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying:
the conditions and the procedure for the appointment of a common representative as referred to in Article 77(4);
the conditions under which employees referred to in Article 77(3) and professional representatives referred to in Article 78(1) shall file with the Office a signed authorisation in order to undertake representation, and the content of that authorisation;
the circumstances in which a person may be removed from the list of professional representatives in design matters referred to in Article 78(7).
TITLE IX
JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO ►M2 EU DESIGNS ◄
Section 1
Jurisdiction and enforcement
Article 79
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
In the case of proceedings in respect of the actions and claims referred to in Article 81 of this Regulation:
Articles 4 and 6, Article 7, points 1, 2, 3 and 5, and Article 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council ( 4 ) shall not apply;
Articles 25 and 26 of Regulation (EU) No 1215/2012 shall apply subject to the limitations set out in Article 82(4) of this Regulation;
the provisions of Chapter II of Regulation (EU) No 1215/2012 which are applicable to persons domiciled in a Member State shall apply also to persons who do not have a domicile in any Member State but have an establishment therein.
Section 2
Disputes concerning the infringement and validity of ►M2 EU designs ◄
Article 80
EU design courts
▼M2 —————
Article 81
Jurisdiction over infringement and validity
The ►M2 EU design courts ◄ courts shall have exclusive jurisdiction:
for infringement actions and — if they are permitted under national law — actions in respect of threatened infringement of ►M2 EU designs ◄ ;
for actions for declaration of non-infringement of ►M2 EU designs ◄ , if they are permitted under national law;
for actions for a declaration of invalidity of an unregistered ►M2 EU design ◄ ;
for counterclaims for a declaration of invalidity of a ►M2 EU design ◄ raised in connection with actions under (a).
Article 82
International jurisdiction
By way of derogation from paragraphs 1, 2 and 3 of this Article:
Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a different EU design court is to have jurisdiction;
Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU design court.
Article 83
Extent of jurisdiction on infringement
Article 84
Action or counterclaim for a declaration of invalidity of a ►M2 EU design ◄
Article 85
Presumption of validity — defence as to the merits
Article 86
Judgments of invalidity
Where in proceedings before an EU design court, the EU design has been put in issue by way of a counterclaim for a declaration of invalidity:
if any of the grounds mentioned in Article 25 are found to prejudice the maintenance of the EU design, the court shall declare the EU design invalid;
if none of the grounds mentioned in Article 25 is found to prejudice the maintenance of the EU design, the court shall reject the counterclaim.
Article 87
Effects of the judgement on invalidity
When it has become final, a judgment of a ►M2 EU design court ◄ declaring a ►M2 EU design ◄ invalid shall have in all the Member States the effects specified in Article 26.
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 ►M2 EU design courts ◄ of second instance — further appeal
Section 3
Other disputes concerning ►M2 EU designs ◄
Article 93
Supplementary provisions on the jurisdiction of national courts other than EU design courts
Article 94
Obligation of the national court
A national court which is dealing with an action relating to a ►M2 EU design ◄ other than the actions referred to in Article 81 shall treat the design as valid. Articles 85(2) and 90(2) shall, however, apply mutatis mutandis.
TITLE X
EFFECTS ON THE LAWS OF THE MEMBER STATES
Article 95
Parallel actions on the basis of ►M2 EU designs ◄ and national design rights
Article 96
Relationship to other forms of protection under national law
TITLE XI
SUPPLEMENTARY PROVISIONS CONCERNING THE OFFICE
Section 1
General provisions
Article 97
Application of Regulation (EU) 2017/1001
Unless otherwise provided for in this Title, Articles 142 to 146, Articles 148 to 158, Article 162, and Articles 165 to 177 of Regulation (EU) 2017/1001 shall apply to the Office with regard to its tasks under this Regulation.
Article 98
Language of proceedings
If the application was filed in a language which is not one of the languages of the Office, the Office shall arrange to have the application translated into the language indicated by the applicant.
The application for a declaration of invalidity shall be filed in the language of proceedings.
Where the language of proceedings is not the language used for filing the application for a registered ►M2 EU design ◄ , the right holder of the ►M2 EU design ◄ may file observations in the language of filing. The Office shall arrange to have those observations translated into the language of proceedings.
The implementing regulation may provide that the translation expenses to be borne by the Office may not, subject to a derogation granted by the Office where justified by the complexity of the case, exceed an amount to be fixed for each category of proceedings on the basis of the average size of statements of case received by the Office. Expenditure in excess of this amount may be allocated to the losing party in accordance with Article 70.
Article 98a
Conferral of implementing powers regarding need and standards of translation
The Commission shall adopt implementing acts specifying:
the extent to which supporting documents to be used in written proceedings before the Office may be filed in any official language of the Union, and the need to supply a translation;
the requisite standards of translations to be filed with the Office.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 99
Publication and register
Article 100
Supplementary powers of the Executive Director
In addition to the powers conferred upon the Executive Director by Article 157(4), point (o), of Regulation (EU) 2017/1001, the Executive Director shall exercise the powers conferred under Article 36(5), Article 37(1), Article 41(5), Article 42(2), Article 62(2), Article 65(5), Articles 66, 66c and 66e, Article 72(4), Article 72a(3), Article 73, Article 74a(1), Articles 74c and 78, Article 98(7), Article -106aa, Article -106ab(1) and Articles -106ac and -106ad of this Regulation in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.
▼M2 —————
Section 2
Procedures
Article 102
Competence
For taking decisions in connection with the procedures laid down in this Regulation, the following shall be competent:
examiners;
the Department in charge of the Register;
Invalidity Divisions;
Boards of Appeal.
Article 103
Examiners
The examiners shall be responsible for taking decisions on behalf of the Office in relation to an application for a registered EU design.
Article 104
The Department in charge of the Register
Article 105
Invalidity Divisions
Article 105a
Conferral of implementing powers regarding decisions taken by a single member
The Commission shall adopt implementing acts specifying the exact types of decisions that are to be taken by a single member as referred to in Article 105(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).
Article 106
Boards of Appeal
In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal shall be responsible for deciding on appeals against decisions of the instances of the Office referred to in Article 102, points (a), (b) and (c) of this Regulation, in connection with the procedures laid down in this Regulation.
Article -106a
Delegation of power regarding the Boards of Appeal
The Commission is empowered to adopt delegated acts in accordance with Article 109a of this Regulation to supplement it by specifying the details concerning the organisation of the Boards of Appeal in proceedings relating to designs under this Regulation where such proceedings require the Boards of Appeal to be organised differently from what is laid down in the delegated acts adopted pursuant to Article 168 of Regulation (EU) 2017/1001.
Article -106aa
Fees and charges and due date
With the consent of the Budget Committee, the Executive Director may determine which of the services mentioned in the first subparagraph is not to be dependent upon the advance payment of the corresponding fees or charges.
Article -106ab
Payment of fees and charges
The methods of payment determined pursuant to the first subparagraph shall be published in the Official Journal of the Office. All payments shall be made in euro.
Article -106ac
Deemed date of payment
The Executive Director shall establish the date on which payments are to be considered to have been made.
Article -106ad
Insufficient payments and refund of excess payments
TITLE XIa
INTERNATIONAL REGISTRATION OF DESIGNS
Section 1
General provisions
Article 106a
Application of provisions
Section 2
International registrations designating the community
Article 106b
Procedure for filing the international application
International applications pursuant to Article 4(1) of the Geneva Act shall be filed directly at the International Bureau.
Article 106c
Designation fees
The prescribed designation fees referred to in Article 7(1) of the Geneva Act are replaced by an individual designation fee.
Article 106d
Effects of international registration designating the European Community
Article 106e
Refusal
The Office shall communicate to the International Bureau a notification of refusal not later than six months from the date of publication of the international registration, if in carrying out an examination of an international registration, the Office notices that the design for which protection is sought does not correspond to the definition under ►M2 Article 3, point (1) ◄ , or is contrary to public policy or to accepted principles of morality.
The notification shall state the grounds on which the refusal is based.
Article 106f
Invalidation of the effects of an international registration
Article 106g
Renewals
The international registration shall be renewed directly at the International Bureau in compliance with Article 17 of the Geneva Act.
TITLE XII
FINAL PROVISIONS
▼M2 —————
Article 109
Committee Procedure
Article 109a
Exercise of the delegation
▼M2 —————
Article 110a
Provisions relating to the enlargement of the Community
Article 110b
Evaluation
Article 111
Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Amounts of fees as referred to in Article -106aa(1)
The fees to be paid to the Office under this Regulation shall be as follows (in EUR):
Application fee referred to in Article 36(4):
Individual designation fee for an international registration referred to in Article 106c:
Fee for deferment of publication referred to in Article 36(4):
Additional application fee in respect of each additional design included in a multiple application referred to in Article 37(2):
Additional fee for deferment of publication in respect of each additional design included in a multiple application that is subject to deferment of publication referred to in Article 37(2):
Renewal fee referred to in Article 50d(1), (3) and (9):
for the first period of renewal: EUR 150 per design;
for the second period of renewal: EUR 250 per design;
for the third period of renewal: EUR 400 per design;
for the fourth period of renewal: EUR 700 per design.
Individual renewal fee for an international registration referred to in Article 106c:
for the first period of renewal: EUR 62 per design;
for the second period of renewal: EUR 62 per design;
for the third period of renewal: EUR 62 per design;
for the fourth period of renewal: EUR 62 per design.
Fee for late payment of the renewal fee referred to in Article 50d(3):
Fee for the application for a declaration of invalidity referred to in Article 52(2):
Fee for continuation of proceedings referred to in Article 67a(1):
Fee for restitutio in integrum referred to in Article 67(3):
Fee for the registration of a licence or another right in respect of a registered EU design referred to in Article 32a(1) and (2) (referred to in Article 24(1) of Regulation (EC) No 2245/2002 before 1 July 2026), or for the registration of a licence or another right in respect of an application for an EU design referred to in Article 32a(1) and (2) and Article 34 (referred to in Article 24(1) and (4) of Regulation (EC) No 2245/2002 before 1 July 2026:
for a grant of a licence: EUR 200 per design;
for a transfer of a licence: EUR 200 per design;
for a creation of a right in rem: EUR 200 per design;
for a transfer of a right in rem: EUR 200 per design;
for a levy of execution: EUR 200 per design;
up to a maximum of EUR 1 000 where multiple requests are submitted in the same application for registration of a licence or another right or at the same time.
Fee for the alteration of a registered EU design referred to in Article 50e(3):
Fee for review of the determination of the procedural costs to be refunded referred to in Article 70(7) (referred to in Article 79(4) of Regulation (EC) No 2245/2002 before 1 July 2026):
Appeal fee referred to in Article 68(1) of Regulation (EU) 2017/1001, which also applies to appeals under this Regulation pursuant to Article 55(2) (referred to in Article 57 of this Regulation before 1 July 2026):
( 1 ) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
( 2 ) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
( 3 ) OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj.
( 4 ) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).