From early next year, it will be possible for companies to register
Community Designs, giving them EU-wide protection of their
industrial designs with a single application for up to 25 years,
following the passing of a new Regulation.
The Regulation, passed by the European Commission, implements
the Community Design Regulation adopted by the European Council in
December 2001 by giving the EU's Office for Harmonisation in the
Internal Market (OHIM) the administrative tools it needs to operate
the necessary procedures, such as the registration and cancellation
of designs and appeals, smoothly and efficiently.
Companies will nevertheless continue to have the option of
registering designs under national law, if they prefer.
Those registering designs will be granted exclusive rights to
use the design concerned and to prevent any third party from using
it anywhere within the European Union for up to 25 years. The
Council Regulation also provided that designs meeting the
Regulation's requirements can also benefit from protection from
deliberate copying even without prior registration with the Office
(Unregistered Community Designs).
The only remaining step before the OHIM can begin to register
designs is the setting of fees. The date from which the OHIM will
accept the first applications for registering Community Designs
will be set in November 2002, at the next meeting of its
Administrative Board.
It is expected that the OHIM will be in a position to receive
the first pre-applications at the beginning of 2003, with the first
official registrations taking effect from April 2003.
