Activities of Ibán GARCÍA DEL BLANCO related to 2022/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002
Amendments (14)
Amendment 30 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Technological innovation should not be hampered by granting design protection to designs consisting exclusively of features or the arrangement of features dictated solely by a technical function. It is understood that this does not entail that a design must have an aesthetic quality and that designs with a technical function are not excluded from design protection. Likewise, the interoperability of products of different makes should not be hindered by extending protection to the design of mechanical fittings. Features of a design which are excluded from protection for these reasons should not be taken into consideration for the purpose of assessing whether other features of the design fulfil the requirements for protection.
Amendment 35 #
Proposal for a regulation
Recital 16
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 originwith detailed information about the producer1a of the product to be used for the purpose of repair of the complex product. _________________ 1a The definition of “producer” is to be understood as the definition included in Art. 2 (e) of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 7 – paragraph 3
Article 7 – paragraph 3
2a. 3. Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title or copying of the protected design.
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 11 – paragraph 1
Article 11 – paragraph 1
2b. 1. A design which meets the requirements under Section 1 shall be protected by an unregistered EU design for a period of three years as from the date on which the design was first made available to the public.
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 6/2002
Article 11 – paragraph 2
Article 11 – paragraph 2
2c. 2. For the purpose of paragraph 1, a design shall be deemed to have been made available to the public if it has been published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Union. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 6/2002
Article 20a – paragraph 1
Article 20a – paragraph 1
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.
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EC) No 6/2002
Article 47a – paragraph 2
Article 47a – paragraph 2
2. The applicant may at any time amend the representation of the EU design applied for in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.;
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 6/2002
Article 50e – paragraph 1
Article 50e – paragraph 1
1. The representation of the registered EU design shall not be altered in the Register during the period of registration or on renewal thereof except in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 100
Article 1 – paragraph 1 – point 100
Regulation (EC) No 6/2002
Article 88 – paragraph 2
Article 88 – paragraph 2
2. On all design matters not covered by this Regulation, an EU design court shall apply the applicable national law.;
Amendment 110 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
EUR 2350.
Amendment 112 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(a) for the first period of renewal: EUR 790 per design;
Amendment 114 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(b) for the second period of renewal: EUR 1420 per design;
Amendment 116 #
Proposal for a regulation
Annex I Regulation (EC) No 6/2002
Annex I Regulation (EC) No 6/2002
(c) for the third period of renewal: EUR 28150 per design;
Amendment 118 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
(d) for the fourth period of renewal: EUR 56180 per design.