European Union designs (codification)

The European Parliament adopted by 613 votes to 5, with 29 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on European Union designs (codification).

Council Regulation (EC) No 6/2002 has been substantially amended several times. In the interests of clarity and rationality, it is proposed to codify this Regulation.

According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question is limited to a simple codification of the existing texts, without any change to their substance.

Parliament adopted its position at first reading, taking over the Commission's proposal according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

The codified Regulation provides the European Union with its own system of design protection, which provides for protection of designs at Union level, alongside the protection they may enjoy at national level in the Member States. The design protection system as a whole will be adapted to the digital age and will become more accessible and efficient for independent designers, SMEs and industries where designs play a major role, by simplifying and streamlining procedures, as well as adapting and optimising the level and structure of fees payable.

Regulation (EC) No 6/2002, as codified, defines the conditions for the protection of designs, the duration of protection, the rights conferred by an EU design, and the circumstances under which an EU design may be declared invalid.

The Regulation contains a repair clause stipulating that protection should not be conferred on an EU design which constitutes a component part of a complex product upon whose appearance the design of the component part is dependent, and which is used for the sole purpose of repairing that complex product so as to restore its original appearance.

It is explicitly provided that the repair clause cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, about the commercial origin, and the identity of the manufacturer, of the product to be used for the purpose of repairing the complex product, so that they can make an informed choice between competing products that can be used for the repair.

The manufacturer or seller of a component part of a complex product will not be required to guarantee that the component parts they make or sell are ultimately used by end users for the sole purpose of repair so as to restore the original appearance of the complex product.

The European Union Intellectual Property Office (the Office) will carry out the tasks entrusted to it by this Regulation. The Regulation stressed that, as a complement to the administration of the EU design system, it is essential that

the Office adequately promote that system with a view to raising awareness and improving understanding of the possibility, value and benefits of obtaining and using design protection at Union level.