2022/0391(COD) | [ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – point 116

Regulation (EC) No 6/2002
Article –106ad

2. The Office ~~may~~shall, however, ~~in so far as is possible~~ within the time remaining before the end of the period for payment, give the person making the payment the opportunity to pay the amount lacking or, where this is considered justified, overlook any small amounts lacking, without prejudice to the rights of the person making the payment.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point 116

Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 1

Where an excessive sum is paid to cover a fee or a charge, the excess shall ~~not~~ be refunded ~~if the amount is insignificant and the party concerned has not expressly requested a refund~~.

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 1 – point 116

Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 2

~~With the consent of the Budget Committee, the Executive Director may determine the amount below which an excessive sum paid to cover a fee or a charge shall not be refunded.~~deleted

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point 116

Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 3

~~Determinations pursuant to the second subparagraph shall be published in the Official Journal of the Office.;~~deleted

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point 124

Regulation (EC) No 6/2002
Article 109a – paragraph 2

2. The power to adopt delegated acts referred to in Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a, -106a and -106aa shall be conferred on the Commission for an indeterminate period of time from [OP: please insert the date = the date of entry into force of this Regulation].

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point 124

Regulation (EC) No 6/2002
Article 109a – paragraph 3

3. The delegation of power referred to 3. in Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a, -106a and -106aa may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 106 #

Proposal for a regulation
Article 1 – paragraph 1 – point 124

Regulation (EC) No 6/2002
Article 109a – paragraph 6

6. A delegated act adopted pursuant to Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a, -106a and -106aa shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.;

Amendment 107 #

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

1. By [OP please insert the date = the first day of the month following 8460 months after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation.

Amendment 108 #

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.

Amendment 109 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I – point 1

EUR 2350.

Amendment 110 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I

EUR 2350.

Amendment 111 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex – point 6 – subpoint a

(a) for the first period of renewal: EUR 790 per design;

Amendment 112 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I

(a) for the first period of renewal: EUR 790 per design;

Amendment 113 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex

(b) for the second period of renewal: EUR 14280 per design;

Amendment 114 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I

(b) for the second period of renewal: EUR 1420 per design;

Amendment 115 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex

Amendment 116 #

Proposal for a regulation
Annex I Regulation (EC) No 6/2002

Amendment 117 #

Proposal for a regulation
Annex I

Regulation (EC) 6/2002
Annex

(d) for the fourth period of renewal: EUR 564480 per design.

Amendment 118 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I

(d) for the fourth period of renewal: EUR 56180 per design.

Amendment 119 #

Proposal for a regulation
Annex I

Regulation (EC) No 6/2002
Annex I

19a. When the applicant is an SME as defined in the EU recommendation 2003/361EN, the fees referred to in point 1, point 4, point 6 - subpoint a, point 7 - subpoint a and point 13 of the Annex are reduced by 50%.

Amendment 26 #

Proposal for a regulation
Recital 4 a (new)

(4a) In its resolution of 11 November 2021 on an intellectual property action plan1a, the European Parliament pointed out that the current EU design protection system was set up 20 years ago and should be reviewed, highlighting the need for the provisions of the Regulation to be updated in order to ensure greater legal certainty; _________________ 1a European Parliament resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience (2021/2007(INI)) (OJ C 205, 20.5.2022, p. 26).

Amendment 27 #

Proposal for a regulation
Recital 6

(6) While the Commission’s evaluation of the Union’s legislation on design protection confirmed that it is still largely fit for purpose, it announced in its communication ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’30 of 25 November 2020 that following the successful reform of the EU trade mark legislation, among others, it will revise the Union legislation on design protection with a view to improving the accessibility ~~and affordability of design protectio~~, efficiency and streamlining, and with a view to updating the regulatory framework in lin ~~the Union~~e with the evolution of new technologies on the market. _________________ 30 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Making the most of the EU’s innovative potential. An intellectual property action plan to support the EU’s recovery and resilience (COM/2020/760 final).

Amendment 28 #

Proposal for a regulation
Recital 9

(9) Since the establishment of the Community design system, the rise of information technology and the evolution of artificial intelligence entailed the advent of new designs which are not embodied in physical products. This would require a better use of the potential offered by new technologies, such as artificial intelligence and backchain, in order to increase the efficiency of our intellectual property systems. That calls for a broadening of the definition of products eligible for design protection to clearly cover those visualised in a graphic, embodied in a physical object or apparent from the spatial arrangement of items intended to form, in particular, an interior environment. In this context, it should also be recognised that the movement, transition or animation of features can contribute to the visual appearance of designs, in particular for designs that are not embodied in a physical object.

Amendment 29 #

Proposal for a regulation
Recital 10

(10) In order to ensure legal certainty, it is appropriate to clarify that protection is conferred upon the right holder for those design features of a product, in whole or in part, which are shown visibly in an application for a registered EU design and made available to the public by way of publication or consultation of the relevant file. While otherwise design features of a given product do not need to be visible at any particular time or in any particular situation of use in order to attract design protection, an exception should apply to the design protection of component parts of a complex product that need to remain ~~vis~~perceptible during normal use of that product.

Amendment 30 #

Proposal for a regulation
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 31 #

Proposal for a regulation
Recital 11

(11) The use of 3D printing technologies in different areas of industry is growing, which results in challenges for design right holders to effectively prevent illegitimate copying of their protected designs. In this context, there should be clarity when it comes to the protection of 3D printing files and the limitations to the private use of designs. Therefore, it is appropriate to provide that the creation, downloading, copying and making available of any medium or software recording the design for the purpose of reproducing a product that infringes the design, amounts to use of the design being subject to the right holder’s authorisation.

Amendment 32 #

Proposal for a regulation
Recital 11

(11) The use of artificial intelligence and 3D printing technologies in different areas of industry is growing, which results in challenges for design right holders to effectively prevent illegitimate copying of their protected designs. Therefore, it is appropriate to provide that the creation, downloading, copying and making available of any medium or software recording the design for the purpose of reproducing a product that infringes the design, amounts to use of the design being subject to the right holder’s authorisation.

Amendment 33 #

Proposal for a regulation
Recital 13

(13) To that effect, it should be permissible for holders of registered EU designs to prevent entry of infringing products and their placement in all customs situations~~, also when such products are not intended to be placed on the market of the Union~~. In performing customs controls, the customs authorities should make use of the powers and procedures laid down in Regulation (EU) No 608/2013 of the European Parliament and the Council32 , including at the request of the right holders. In particular, the customs authorities should carry out the relevant controls on the basis of risk analysis criteria. _________________ 32 Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).

Amendment 34 #

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.

Amendment 35 #

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~~with 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 36 #

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~~producer of the product to be used for the purpose of repair of the complex product.

Amendment 37 #

Proposal for a regulation
Recital 17

(17) In order to facilitate the marketing of design protected products, in particular by SMEs and individual designers, and to increase awareness of the design registration regimes existing both at Union and national level, a commonly accepted notice consisting of the symbol (DTM) should be ~~available for~~ used by design right holders and others with their consent.

Amendment 38 #

Proposal for a regulation
Recital 18

(18) In view of the insignificant number of EU design applications filed at the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, and in order to align the system for EU design applications to the system set out in Regulation (EU) 2017/1001, it should henceforth only be possible to file an EU design application at the Office. However, Member States should establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.

Amendment 39 #

Proposal for a regulation
Recital 18

(18) In view of the insignificant number of EU design applications filed at the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, in order to ensure legal certainty and in order to align the system for EU design applications to the system set out in Regulation (EU) 2017/1001, ~~it should henceforth~~once this Regulation comes into force, it should only be possible to file an EU design application at the Office.

Amendment 40 #

Proposal for a regulation
Recital 18 a (new)

(18a) It is desirable that Member States' central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all fields of design registration and administration in order to promote convergence of practices and tools, such as the creation and updating of common or connected databases and portals for consultation and search purposes. The Member States should further ensure that their central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all other areas of their activities which are relevant for the protection of designs in the Union.

Amendment 41 #

Proposal for a regulation
Recital 19

(19) ~~Both t~~Technological advancement, artificial intelligence evolution, and the experience gained in the application of the current EU design registration system has revealed the need for improvement ofand streamlining certain aspects of procedure. Consequently, certain measures should be taken to update, simplify and speed up procedures where appropriate and to enhance legal certainty and predictability where required.

Amendment 42 #

Proposal for a regulation
Recital 22

(22) For reasons of efficiency and to streamline proceedings, the means of notifications and communications should be mainly electronic ~~only~~.

Amendment 43 #

Proposal for a regulation
Recital 23

(23) In order to render the access to registered EU design protection more affordable and transparent, in particular for SMEs and individual designers that tend to file less designs compared to larger enterprises, it is appropriate to ~~adjust the structure and amount of fees for the application~~introduce targeted provisions adapting the amount of fees of registered EU designs for SMEs.

Amendment 44 #

Proposal for a regulation
Recital 24

(24) Given the essential importance of the amounts of fees payable to the Office for the functioning of the EU design protection system and its complementary relationship as regards national design systems, and in order to align the legislative approach with Regulation (EU) 2017/1001, it is appropriate to set those fee amounts directly in Regulation (EC) No 6/2002 in the form of an annex. The amounts of the fees should be fixed at a level which ensures both that the revenue they produce is in principle sufficient for the budget of the Office to be balanced and that there is coexistence and complementarity between the EU design and the national design systems, also taking into account the size of the market covered by the EU design and the needs of SMEs. A sufficient level of flexibility shall be given on the amounts of the fees to take into account the inflation and ensure stable level of resources for the Office.

Amendment 45 #

Proposal for a regulation
Recital 24

(24) Given the impact and essential importance of the amounts of fees payable to the Office for the functioning of the EU design protection system and its complementary relationship as regards national design systems, and in order to align the legislative approach with Regulation (EU) 2017/1001, it is appropriate to set those fee amounts directly in Regulation (EC) No 6/2002 in the form of an annex. The amounts of the fees should be fixed at a level which ensures both that the revenue they produce is in principle sufficient for the budget of the Office to be balanced and that there is coexistence and complementarity between the EU design and the national design systems, also taking into account the size of the market covered by the EU design and the needs ~~of SMEs~~and minimal impact of these fees on SMEs accessing the industrial design protection system in the EU.

Amendment 46 #

Proposal for a regulation
Recital 27

(27) In order to ensure that a registered EU design can be declared invalid in an quick but, at the same time, effective and efficient way by means of a transparent, thrigoroughs, fair and equitable procedure, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of specifying the procedure for declaring a registered EU design invalid.

Amendment 47 #

Proposal for a regulation
Recital 30 a (new)

(30a) In order to ensure a stable level of resources for the Office, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of updating the amounts of the fees set out in the Annex every 48 months or more, taking into account the inflation.

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 6/2002
Article 2

The European Union Intellectual Property Office (‘the Office’), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council*, shall carry out the tasks entrusted to it by this Regulation. The Office shall communicate publically often and clearly about these tasks, in order to raise awareness and promote the possibilities of registering an EU design.

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 6/2002
Article 2a

For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the national law governing them, they have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts, and to sue and be sued.’;

Amendment 50 #

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

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

(9a) in Article 4, paragraph 2 is replaced by the following: 2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character: (a) if the component part, once it has been incorporated into the complex product, remains perceptible during normal use of the latter; and (b) to the extent that those perceptible features of the component part fulfil in themselves the requirements as to novelty and individual character.

Amendment 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 6/2002
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

Regulation (EC) No 6/2002
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

Regulation (EC) No 6/2002
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 55 #

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

(10a) Article 11 is deleted

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 6/2002
Article 12, paragraph 2

2. A registered EU design shall be registered ~~for a period of five years calculated~~ from the date of filing of the application for registration and until five years after the date of registration by the Office. The right holder may have the term of protection renewed for one or more periods of 5 years each, up to a total term of 25 years from the date of ~~filing of the application for registration~~registration by the Office.;

Amendment 57 #

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 6/2002
Article 15 – paragraph 2

(2) Where a person is jointly entitled to an EU design, that person may, within the meaning of Art. 14 paragraph 2 and in accordance with paragraph 1, claim to become recognised as joint holder.

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 6/2002
Article 15 – paragraph 5 – point b

(b) the date and particulars of the final decision of the competent court or authority of the Member State concerned or any other final termination of the proceedings;

Amendment 59 #

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."

Amendment 60 #

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.

Amendment 61 #

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

Amendment 62 #

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

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

Amendment 63 #

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.

Amendment 64 #

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

Regulation (EC) No 6/2002
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 65 #

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.

Amendment 66 #

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, transparent and readily available to consumers form, about the origin 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.

Amendment 67 #

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~~producer 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.

Amendment 68 #

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 6/2002
Article 26a

(21) the following Article 26a is inserted after the heading of Section 6: ‘Article 26a Registration symbol The holder of a registered EU design may inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter D enclosed within a circle. Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.;’deleted

Amendment 69 #

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 6/2002
Article 26a

The holder of a registered EU design ~~may~~shall inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter DTM enclosed within a circle. Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.;

Amendment 70 #

Proposal for a regulation
Article 1 – paragraph 1 – point 25

Regulation (EC) No 6/2002
Article 35

1a. Member States shall establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.

Amendment 71 #

Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a

Regulation (EC) No 6/2002
Article 36a – paragraph 1

1. A maximum number of 510 designs may be combined in one multiple application for registered EU designs. Each design contained in a multiple application shall be numbered by the Office in accordance with a system determined by the Executive Director.

Amendment 72 #

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

Amendment 73 #

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

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

Amendment 74 #

Proposal for a regulation
Article 1 – paragraph 1 – point 39

Regulation (EC) No 6/2002
Article 47 – paragraph 2

2. In the notification referred to in paragraph 1, the Office shall specify a ~~period~~reasonable period, which cannot exceed 2 months, within which the applicant may submit observations, withdraw the application or the objected views or submit an amended representation of the design that differs only in immaterial details from the representation as originally filed.

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1 – point 39

Regulation (EC) No 6/2002
Article 47 – paragraph 3

3. Where the applicant fails to overcome the grounds for non- registrability within the period provided for in paragraph 2, the Office shall refuse the application. If those grounds for non- registrability concern only some of the designs contained in a multiple application which have not been removed as provided for in this Article, the Office shall refuse the application only in so far as those designs are concerned.’;

Amendment 76 #

Proposal for a regulation
Article 1 – paragraph 1 – point 40

Regulation (EC) No 6/2002
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 77 #

Proposal for a regulation
Article 1 – paragraph 1 – point 48

Regulation (EC) No 6/2002
Article 50d – paragraph 2

2. The Office shall inform the right holder of the registered EU design and any person having a registered right in respect of the EU design of the expiry of the registration at least 6 months before the date of such expiry. Failure to give such information shall ~~not involve the responsibility of the Office and shall not affect the expiry of the registration~~be deemed to constitute a request for renewal.

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1 – point 49

Regulation (EC) No 6/2002
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 79 #

Proposal for a regulation
Article 1 – paragraph 1 – point 51

Regulation (EC) No 6/2002
Article 50g – paragraph 2

2. A ~~single~~ request may be made for a change of the name or address ~~in respect of two or mor~~by the holder of a single registrations o~~f the same holder~~r multiple registrations.

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 1 – point 61

Regulation (EC) No 6/2002
Article 62 – paragraph 2

2. Any decision, communication or notice from the Office shall indicate the department or division of the Office as well as the name or the names of the official or officials responsible. They shall be signed by that official or those officials, or, instead of a signature, carry a printed or stamped seal of the Office. The Executive Director may determine, by way of a reasoned decision, that other means of identifying the department or division of the Office and the name of the official or officials responsible or an identification other than a seal may be used where decisions, communications or notices are transmitted by any technical means of communication.

Amendment 81 #

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

Amendment 82 #

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

Amendment 83 #

Proposal for a regulation
Article 1 – paragraph 1 – point 67

Regulation (EC) No 6/2002
Article 66 – paragraph 2

2. Notification shall be mainly effected by electronic means. The details regarding electronic means shall be determined by the Executive Director. The Office shall designate an official address for official communication with the Office.

Amendment 84 #

Proposal for a regulation
Article 1 – paragraph 1 – point 67

Regulation (EC) No 6/2002
Article 66 – paragraph 2

2. Notification shall be effected by electronic means. The details regarding electronic means shall be determined by the Executive Director, by way of a reasoned decision.

Amendment 85 #

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 6/2002
Article 66b

Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation, without any decision having been taken, it shall communicate this to the persons concerned in accordance with Article 66. The persons concerned may apply for a decision on the matter within 2 months of notification of the communication, if they consider that the finding of the Office is incorrect. The Office shall adopt such a decision only where it disagrees with the reasons or evidence submitted by the persons requesting it. If that is not the case, the Office shall amend its finding and inform the persons requesting the decision hereof.

Amendment 86 #

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 6/2002
Article 66c

Communications addressed to the Office shall be effected by electronic means. The Executive Director shall determine, by way of a reasoned decision, the electronic means to be used and the manner and technical conditions under which such electronic means shall be used.’;

Amendment 87 #

Proposal for a regulation
Article 1 – paragraph 1 – point 71

Regulation (EC) No 6/2002
Article 66e – paragraph 4

4. If an exceptional occurrence, such as a natural disaster or strike, interrupts or interferes with proper communication from the parties to the proceedings to the Office or vice-versa, the Executive Director may determine, by way of a reasoned decision, that for parties to the proceedings that have their residence or registered office in the geographical area affected by the exceptional occurrence, or who have appointed a representative with a place of business in that area, all time limits that otherwise would expire on or after the date of commencement of such occurrence shall be extended until a certain date. When determining that date, the Executive Director shall assess when the exceptional occurrence comes to an end. If the occurrence affects the seat of the Office, such determination of the Executive Director shall specify, with reasons, that it applies in respect of all parties to the proceedings.’;

Amendment 88 #

Proposal for a regulation
Article 1 – paragraph 1 – point 83

Regulation (EC) No 6/2002
Article 72 – paragraph 4

4. The Executive Director may determine, by way of a reasoned decision, that items other than those referred to in paragraphs 2 and 3 shall be entered in the Register, provided that these items do not affect the trade secret and knowhow protection rules.

Amendment 89 #

Proposal for a regulation
Article 1 – paragraph 1 – point 83

Regulation (EC) No 6/2002
Article 72 – paragraph 5

5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items referred to in paragraphs 1, 2 and 3, including any personal data, for the purposes laid down in paragraph 8. The Office shall keep the Register easily accessible for public inspection and that it does not contain data in breach of the trade secret and knowhow protection rules.

Amendment 90 #

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

Regulation (EC) No 6/2002
Article 72a – paragraph 2

2. The electronic database may include personal data, beyond those included in the Register pursuant to Article 72, to the extent that such data is required by this Regulation or by acts adopted pursuant to it and to the extent it is not in breach of the trade secret and knowhow protection rules. . The collection, storage and processing of personal data shall serve the purposes of:

Amendment 91 #

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~~.

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1 – point 88

Regulation (EC) No 6/2002
Article 74 – paragraph 1

1. Inspection of the files of registered EU designs shall be of the original document, or of copies thereof, or of technical means of storage if the files are stored in that way. The request for inspection of the files shall not be deemed to have been made until the required fee has been paid. No fee shall be payable if inspection of technical means of storage takes place online. The Executive Director shall determine the means of inspection, by way of a reasoned decision, issued annually.

Amendment 93 #

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.

Amendment 94 #

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~~:

Amendment 95 #

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

Amendment 96 #

Proposal for a regulation
Article 1 – paragraph 1 – point 100

Regulation (EC) No 6/2002
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 97 #

Proposal for a regulation
Article 1 – paragraph 1 – point 109

Regulation (EC) No 6/2002
Article 100

In addition to the powers conferred upon the Executive Director by Article 157(4), point (o), of Regulation (EU) 2017/1001, the Executive Director shall exercise the powers conferred under Article 36(5), Article 37(1), Article 41(5), Article ~~42(2), Article 62(2), Article 65(5~~62(2), Articles 66, 66c, 66e, Article 72(4), Article 72a(3), Article 73, Article 74a(1), Articles 74c, 78, Article 98(7), Article - 106aa, Article - 106ab(1), Articles -106ac and -106ad in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.’;

Amendment 98 #

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

Amendment 99 #