This document is an excerpt from the EUR-Lex website
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WHAT DOES THE REGULATION DO?
It establishes an EU-wide system for obtaining a Community design covered by uniform protection. It sets out the procedure for registering designs with the Office for Harmonization in the Internal Market (OHIM).
The EU system coexists with national protection systems. Any issues not falling within the scope of the regulation are covered by the national laws of the EU countries.
Community design rights
The right to the Community design is granted to the designer or their successor in title. The regulation allows for 2 types of protection of designs, both of which apply directly in all EU countries.
Unregistered Community design:
Registered Community design:
Registered designs are protected against both copying and the independent development of similar designs, whereas unregistered designs are protected only against copying.
Limitation of the rights
The rights exclude a number of acts including:
The regulation does not apply to equipment on ships and aircraft registered in a non-EU country when these temporarily enter EU territory.
Registration of a Community design
A Community design may be licensed for the whole or part of the EU. A licence may be exclusive or non-exclusive. The consent of the right-holder is essential.
A registered Community design may be declared invalid if:
The measures which may be taken in the event of infringement are set out in the regulation. These include the prohibition of production and the seizure of the infringing products. The court of an EU country may also impose other penalties.
FROM WHEN DOES THE REGULATION APPLY?
It applies from 6 March 2002.
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, pp. 1-24)
Successive amendments to Regulation (EC) No 6/2002 have been incorporated in the original text. This consolidated version is of documentary value only.
last update 29.02.2016