BETA

Activities of Patrick BREYER related to 2022/0391(COD)

Shadow reports (1)

2023/11/06
Committee: JURI
Dossiers: 2022/0391(COD)
Documents: PDF(239 KB) DOC(87 KB)
Authors: [{'name': 'Gilles LEBRETON', 'mepid': 124738}]

Amendments (16)

Proposal for a regulation
Recital 16

(16) Directive (EU) [xxx] harmonises the laws of the Member States with regard to the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the design is applied to or incorporated in a product which constitutes a component part of a complex product ~~upon whose appearance the protected design is dependent.~~ . Accordingly, the current transitional repair clause contained in Regulation (EC) No 6/2002 should be converted into a permanent provision. As the intended effect of that provision is to make registered and unregistered Community design rights unenforceable where the design of the component part of a complex product is used for the purpose of the repair of a complex product so as to restore its original appearance, the repair clause should be placed among the available defences to EU design right infringement under Regulation (EC) No 6/2002. Furthermore, for the sake of coherence with the repair clause inserted into Directive (EU) [XXX], and in order to ensure that the scope of design protection is only restricted to prevent design right holders from actually being granted product monopolies, it is necessary to explicitly limit the application of the repair clause set out in Regulation (EC) No 6/2002 to component parts of a complex product ~~upon whose appearance the protected design is dependent~~. In addition, in order to ensure that consumers are not mislead but are able to make an informed decision between competing products that can be used for the repair, it should also be made explicit in the law that the repair clause cannot be invoked by the manufacturer or the seller of a component part who have failed to duly inform consumers about the ~~origin~~identity of the manufacturer of the product to be used for the purpose of repair of the complex product.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 6/2002
Article 3

(8) Article 3 is replaced by the following: ‘Article 3 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘design’ means the appearance of the whole or a part of a product resulting from the features, in particular, the lines, contours, colours, shape, texture, materials of the product itself and/or its decoration, including the movement, transition or any other sort of animation of those features; (2) ‘product’ means any industrial or handicraft item other than computer programs, regardless of whether it is embodied in a physical object or materialises in a digital form, including: (a) packaging, sets of articles, get-up, spatial arrangement of items intended to form, in particular, an interior environment, and parts intended to be assembled into a complex product; (b) graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces; (3) ‘complex product’ means a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product.;’deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)

(10a) Article 11 is deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)

Regulation (EC) No 6/2002
Article 17

(13a) Article 17 is replaced by the following: "Article 17 Presumption in favour of the registered holder of the design. The person in whose name the registered Union Community design is registered or, prior to registration, the person in whose name the application is filed, shall be deemed to be the person entitled in any proceedings before the Office."

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 16

(d) creating, sharing or distributing to others in exchange for a price any medium or software recording the design for the purpose of enabling a product referred to in point (a) to be made; downloading, or copying ~~and sharing or distributing to others any medium or software recording~~the aforementioned medium or software only if followed by creating, sharing or distributing to others in exchange for a price or personal data the design for the purpose of enabling a product referred to in point (a) to be made.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 6/2002
Article 19 – paragraph 3

3. By way of derogation from Article 10(1), the holder of a registered EU design shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Union, that are not released for free circulation in the Union, where the design is identically incorporated in or applied to those products, or the design cannot be distinguished in its essential aspects from such products, and an authorisation has not been given. The right referred to in the first subparagraph shall lapse, if, during proceedings to determine whether the EU design has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council*, evidence is provided by the declarant or the holder of the products that the holder of the registered EU design is not entitled to prohibit the placing of the products on the market in the country of final destination.deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 16

1. Protection shall 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 within the meaning of Article 19(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 6/2002
Article 20a – paragraph 2

2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who have failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, about the ~~origin~~identity of the manufacturer of the product to be used for the purpose of the repair of the complex product, so that they can make an informed choice between competing products that can be used for the repair. The “manufacturer” is to be understood as defined in Article 3, point (8), of Regulation (EU) 2023/988 on general product safety.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 31

Regulation (EC) No 6/2002
Article 42 – paragraph 2

2. The Executive Director may determine that the documentation to be provided by the applicant in support of the priority claim may consist of less than the documentation required under the implementing acts adopted pursuant to Article 42a, provided that the information required is available to the Office from other sources.;deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 65 – point b

Regulation (EC) No 6/2002
Article 65 – paragraph 5

~~5. The Executive Director shall determine the amounts of expenses to be paid, including advances, as regards the costs of taking of evidence as referred to in this Article.;~~deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 84

Regulation (EC) No 6/2002
Article 72a – paragraph 3

3. The Executive Director shall determine the conditions of access to the database and the manner in which the contents, other than the personal data referred to in paragraph 2 of this Article but including the data listed in Article 72, may be made available in machine- readable form~~, including the charges for such access~~.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 93 – point a

Regulation (EC) No 6/2002
Article 78 – paragraph 4 – subparagraph 2

Where the entitlement referred to in the first subparagraph, point (c), is not conditional upon the requirement of special professional qualifications, the person applying to be entered on the list who acts in design matters before the Benelux Office for Intellectual Property or a central industrial property office shall have ~~habitually so acted~~gained professional experience in the field of designs for at least five years. However, persons whose professional qualification to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or a central industrial property office is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 93 – point a

Regulation (EC) No 6/2002
Article 78 – paragraph 6

6. The Executive Director may grant an exemption from ~~any of the following~~:

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 93 – point a

Regulation (EC) No 6/2002
Article 78 – paragraph 6 – point b

(b) the requirement set out in the first sentence of the second subparagraph of paragraph 4, if the person applying to be entered on the list furnishes proof that he has acquired the required qualification in another way.;deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 111

Regulation (EC) No 6/2002
Article 102 – point e

~~(e) any other unit or person appointed by the Executive Director to that effect.~~deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 127

Regulation 6/2002
Article 110b – paragraph 1

1. By [OP please insert the date = the first day of the month following 84 ~~month~~years after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation.

2023/07/13
Committee: JURI