Activities of Ibán GARCÍA DEL BLANCO related to 2022/0392(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
Amendments (7)
Amendment 24 #
Proposal for a directive
Recital 21
Recital 21
(21) 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 the design protection. A registered design right may be declared invalid where no considerations other than the need for that product to fulfil a technical function, in particular those related to the visual aspect, have played a role in the choice of the features of appearance.
Amendment 30 #
(34) The differences in the laws of the Member States on 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 product incorporating the design or to which the design is applied constitutes a form- dependent component part of a complex product, directly affect the establishment and functioning of the internal market. Such differences distort competition and trade within the internal market and create legal uncertainty.
Amendment 32 #
Proposal for a directive
Recital 35
Recital 35
(35) It is therefore necessary for the smooth functioning of the internal market and in order to ensure fair competition therein to approximate the design protection laws of the Member States as concerns the use of protected designs for the purpose of repair of a complex product so as to restore its original appearance through the insertion of a repair clause similar to that already contained in Regulation (EC) No 6/2002 and applicable to EU designs at Union level but explicitly applying to form-dependent component parts of complex products only. As the intended effect of such repair clause is to make 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 design right infringement under this Directive. 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 seller of a component part who have failed to duly inform consumers with detailed information about the originproducer of the product to be used for the purpose of the repair of the complex product.
Amendment 41 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Protection shall not be conferred on a registered 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 16(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.
Amendment 45 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, with detailed information about the originproducer of the product to be used for the exclusive 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.
Amendment 49 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where at the time of adoption of this Directive the national law of a Member State provides protection for designs within the meaning of paragraph 1, the Member State shall, by way of derogation from paragraph 1, continue until …[OP please insert the date = ten years from the date of entry into force of this Directive] to provide that protection for designs for which registration has been applied before the entry into force of this Directive, in observance of Article 26 of the Agreement on Trade-Related Aspects of Intellectual Propery Rights.
Amendment 52 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Without prejudice to the right of the parties to appeal to the courts, Member States shallmay provide for an efficient and expeditious administrative procedure before their offices for the declaration of invalidity of a registered design right.