European Industrial Design
What is European Industrial Design?
The design of the European Union represents the visible appearance of all or part of the product. The visible appearance is determined by the features of the lines, contours, colors, shape, construction, materials of the product itself and/or ornaments. The design of the European Union is also known as “European Industrial Design” or “European Design” for short. The European Union’s design application concerns the category of so-called “regional applications”. It offers the possibility of equal protection in all countries of the European Union. European Industrial Design is registered by the European Union Intellectual Property Office. The advantage of any European Industrial Design is that a single application is filed, which goes through a registration procedure. The registration of the European Industrial Design ensures its protection on the territory of 27 countries of the European Union:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Netherlands.
Forms of protection
Registration of European Union Industrial design is granted for a term of 5 years. The term starts from filing date or priority date of the application. The registration can be renewed for four periods of five years each, or a total of up to 25 years. There are two forms of protection in the European Union:
∴ Registered Design – it is protection of an industrial design through a filing and registration procedure before the European Union Intellectual Property Office (EUIPO);
∴ Unregistered Design – is entitled to a design that in the normal course of business in a particular sector within the EU has become known. The ways of the disclosure are through publications, presentation of exhibitions, use in a trade or otherwise.
Both forms of industrial design protection provide legal protection against actions performed without the consent of the design owner. However, unregistered Community designs give the right to prevent the commercial use of a design only if that design is an intentional copy of the protected one, made in bad faith, ie. knowing of the existence of the earlier design. The term of protection of an unregistered design is only 3 years from the date of disclosure and cannot be renewed.
PROCEDURE FOR REGISTRATION OF EUROPEAN INDUSTRIAL DESIGN
European design application
The application for registration of a European design may include several designs, provided that the products to which the designs are applied belong to the same class of the International Classification of Designs, according to the Locarno Agreement.
Any natural or legal person may be an applicant for a European design. This includes bodies established under public legislation. The European industrial design must be new and to have an individual character (originality). Where the design relates to a part of a composite product, that part shall remain visible in normal use. These requirements apply to both registered and unregistered designs.
Content of application
Similar to every industrial design application, the European design application must contain:
∴ identification data for the applicant and the author of the design – these data are public and it is important for the same to be updated in timely manner in case of change in order to be clear at all times the actual owner of the rights on design;
∴ the design for which the protection is requested – the request must have clear images of the design (up to 7 images for design);
∴ design and its product(s) — there should be a clear description of the products, in which it is incorporated or to which the design is applied, a class according to the Locarno classification, which is International Classification for Industrial Designs.
Registration terms
A design is considered new if another identical design has not become publicly available (known to the public) before the date of filing of the application or the priority date. In the case of unregistered design, the novelty is defined as per the date on which the design became publicly available for the first time. Designs are considered identical if the differences between them are only in insignificant details. The individual nature of the design depends on the overall impression it creates on the informed user, which should not be the same as that left by a publicly available design.
The proceedings in the European Office go through certain stages, which have specific requirements. If the requirements are not met during some of the stages, the applicant shall be notified and given a certain period within which these irregularities can be remedied. Monitoring and compliance with these deadlines is entirely the responsibility of the applicant or his representative.
STAGES OF REGISTRATION
1. Filing of application
The application for registration of an industrial design in the European Union is filed to the European Union Intellectual Property Office. The registration fee and the publication fee due to the application must be paid upon filing of the application. The European Union Intellectual Property Office provides a design application form. The application can file the application in English, French, German, Italian or Spanish. The applicant must also indicate a second language, which must be different from the language in which the application was filed.
2. Formalities check
European design is checked against formal requirements and whether fees have been paid. In case of discrepancies, the examiner from the European Office will send a message to the applicant and/or his representative for correction of the deficiencies. These deficiencies may be related to the ability to reproduce the image of the design, fees, paid in insufficient amount incorrect product indication, etc. Deficiencies must be corrected within a specified time.
3. Examination
The examination of European design is not carried out in terms of novelty
and individual character of the design but is limited to the answers of two questions, namely: whether the requested design represents the appearance of a product or part of it and whether the design does not contradict public order and morality. If such deficiencies are identified in the application, the examiner from the European Office shall send a notification to the applicant and/or his representative to remedy the deficiencies. If the applicant does not reply within the time allowed or does not remedy the deficiencies, the European Office shall issue a notice of refusal of registration
4. Publication of the registration
If the requirements for registration of a European design are met, publication of the registered design shall take place. Unless a defferment of the publication is requested. The holder may request to deffer the publication. After the defferment period and upon payment of the respective fee, the publication of the registered design shall be made.
5. Registration of European Industrial Design
If the European design application meets all the registration requirements, it will usually be registered within ten working days. Registered Community designs shall be published in the Community Designs Bulletin. The registration certificate shall be issued online once the registered Community design has been published in full.
