Community Design

The Community Registered Design covers all the countries of the European Union and it is competitive for costs and speed of registration (some 45 days).

The Registered Community Design is a single Intellectual Property asset, which is valid throughout the European Union.

The filing, publication and registration are dealt with by the Office for Harmonization in the Internal Market (OHIM) in Alicante (Spain), after a formal only examination (not on the novelty).

This examination and registration process lasts some 45 days.

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REQUIREMENTS for the Registered Community Design

The Community design must meet two basic requirements:

- Novelty

- Individual character

The novelty and originality (individual character) are defined in relation to the knowledge of the informed consumer in the field related to the goods which embody it, within the European Community.

The RCD must not be identical or shall be different in immaterial details from other models, which have already been disclosed to the public (through official publication or disclosure in fairs, exhibitions etc..) up to the application date of the Community Design, or of its prority, if a priority is claimed.

The registered Community Design or model also enjoys a further advantage , i.e. allowing the the designer or his assignee, a period of 12 months, in which he may test the market, before deciding whether or not to register one or more Community designs.

Benefits: This 12-month period ("grace period") allows anyone to make a selection between several designs and invest money to register the designs which have been appreciated by the consumers.

Cautions: The owner would always better keep documentary evidence of the date of first disclosure, in case of litigation.

When fairs or exhibitions (particularly sensitive happenings) approach, one should consider to file national design applications, which are usually less expensive, in order to be entitled to enforce them against counterfeiters. Then, within the six months priority of the Paris Convention, he may register the shape of the goods, which have been selected by the consumers as Community designs.

DURATION OF PROTECTION

Protection of the Registered Community Design or lasts up to 25 years from the date of filing the application, provided you pay the renewal fees every five years.

BENEFITS OF REGISTERED COMMUNITY DESIGN PROCEDURE

- A review and a unique publication for all EU countries;

- A single payment of taxes for all states;

• A uniform protection in all states;

MULTIPLE APPLICATION FOR REGISTERED COMMUNITY DESIGN

It is possible to file a single application for more than one design (paying lower taxes than the basic design for each additional one), provided that they belong to the same international Locarno sub-class .

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PROTECTION OF MODEL OR DESIGN COMMUNITY

In legal proceedings against the actions or threats of counterfeiting, the Court considers a Registered Community Design as valid, until the contrary is proven.

Instead, those who enforce the so-called "Un-registered Community Design" (as the unregistered mark) must bear the burden of proving the validity of it (i.e the novelty and the individual character) and that the date of first disclosure is earlier than the opposed design.

In addition, the unregistered design has a limited protection for only three years from disclosure and the owner must prove that it has been copied for claiming infringement.

The IP courts, if they finds that there has been infringement of a Community design, can prohibit the infringer to continue acts or threats of counterfeiting, order seizure of counterfeit products and / or the materials and means used to produce them; they can also set a caution to be paid for each subsequent violation under the law of the Member State.

The IP Court may issue, upon justified claim, provisional and protective measures, in short time, if the applicant

has a valid right and the ordinary procedure may allow the infringer to continue damaging the other party or to cause him damage or steal the evidence of counterfeiting.

POSSIBLE CANCELLATION OF A REGISTERED COMMUNITY DESIGN

If an application was filed for cancellation of a Community Design at the Office, for lack of novelty or originality of the model, and it was accepted, the design would be deleted in the entire European Union.

List of the EU countries:

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