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Introduction; Design Registration; Registrability; Spare Parts; Scope of protection given by Design Registration; Protection for Industrial Designs abroad;
The Community Design Registration; The International Design Registration;
The Application for Design Registration; Ownership of Registered Designs; Unregistered Design Rights; UK Unregistered Design Right; Ownership of UK Unregistered Design Right; Unregistered Community Design; Copyright.
The Community Design Registration
The Community design registration provides a design registration which covers all of the European Union (EU) countries, as follows:-
It is important to understand that the Community design registration is a unitary registration which covers all EU countries; it is not possible to pick and choose countries to be covered – it is all or nothing. In addition, is it not possible to assign the registration for one or more selected EU countries to another party, although it is possible, subject to certain conditions, to licence the registration to different parties in different countries.
The basic rules covering the term, registrability and scope of the Community design are virtually identical to those discussed above in relation to the UK national design registration; indeed, as part of the setting up of the Community design registration, national design laws within the Community were harmonised. Thus, in any one EU country, it is now possible to obtain equivalent protection either through the national Patent Office, or as part of a Community design registration.
There are one or two differences, however, the most significant of which is that, in the Community design registration, it is possible to obtain protection for multiple designs in a single application, with a resultant cost saving over the British national system, where each design registration can cover only one design.
Thee are also some small differences in the way that the enforcement (i.e. infringement and/or validity) of the granted design registration is handled. If protection is by way of a national design registration then, except in exceptional circumstances, all such matters are dealt with exclusively by the national courts. If protection is by way of a Community design registration, then which Courts have jurisdiction will depend upon the identity and location of the parties to the action.
For registered designs, design right and copyright, contact Chris Boydell or
Sarah Perkins in our London office, or David Marles in our Bristol office.
The Community design registration provides a design registration which covers all of the European Union (EU) countries, as follows:-
| Austria | Germany | Netherlands |
| Belgium | Greece | Portugal |
| Denmark | Ireland | Spain |
| Finland | Italy | Sweden |
| France | Luxembourg | United Kingdom |
It is important to understand that the Community design registration is a unitary registration which covers all EU countries; it is not possible to pick and choose countries to be covered – it is all or nothing. In addition, is it not possible to assign the registration for one or more selected EU countries to another party, although it is possible, subject to certain conditions, to licence the registration to different parties in different countries.
The basic rules covering the term, registrability and scope of the Community design are virtually identical to those discussed above in relation to the UK national design registration; indeed, as part of the setting up of the Community design registration, national design laws within the Community were harmonised. Thus, in any one EU country, it is now possible to obtain equivalent protection either through the national Patent Office, or as part of a Community design registration.
There are one or two differences, however, the most significant of which is that, in the Community design registration, it is possible to obtain protection for multiple designs in a single application, with a resultant cost saving over the British national system, where each design registration can cover only one design.
Thee are also some small differences in the way that the enforcement (i.e. infringement and/or validity) of the granted design registration is handled. If protection is by way of a national design registration then, except in exceptional circumstances, all such matters are dealt with exclusively by the national courts. If protection is by way of a Community design registration, then which Courts have jurisdiction will depend upon the identity and location of the parties to the action.
For registered designs, design right and copyright, contact Chris Boydell or
Sarah Perkins in our London office, or David Marles in our Bristol office.