Industrial property: legal protection of designs
1993/0464(COD)
The Commission's opinion accepted Parliament's amendments which sought to:
- specify that the individual character of a design or model should be based on whether there is an
overall different impression ( and not a clear overall different impression) between it and a previous
design or model;
- limit the protection of component parts of complex products to those parts which remain visible
during normal use of the latter;
- interpret the concept of 'normal use' restrictively: it should cover use by the final user, except for
maintenance, service or repair;
- clarify that the total term of protection for designs is 25 years from the date of filing;
- re-introduce the repair clause;
- provide for the free movement of component parts which are commercialised pursuant to the repair
clause.
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