Wednesday, 13 July 2016

Updating the design protection system

Two studies were recently commissioned by the European Commission for the purpose of reviewing and assessing the effectiveness of design protection systems in Europe. One was conducted from the economic standpoint and the other from the legal perspective.

Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs sought to approximate and harmonize the laws of the Member States relating to designs. Subsequently, in 2001, the creation, in line with that Directive, of the system for the protection of Community designs constituted a milestone in that it permitted unitary protection to be obtained in all the countries of the EU through a single application. The first applications were filed at the EUIPO (then OHIM) in 2003.

The purpose of the study carried out from the legal perspective was to determine whether the current EU design protection framework is contributing to the strategy as regards innovation and, if appropriate, to make recommendations. The goal of that strategy is to create an environment wherein it will be easier to transform ideas into products, thus favouring economic growth and employment. 

One very positive conclusion arising out of the study is that a high degree of harmonization has been reached in various aspects of the design system thanks, to a large extent, to the power of convergence resulting from the practice and decisions of the EUIPO relating to designs. In this regard reference is made to the convergence programmes of the EUIPO and to the agreements between the EUIPO and various national patent offices of EU Member States for the establishment of common practices in the field of designs.
The study team also highlights the efforts made by national patent offices and courts to bring their decisions into line with the interpretations of the EUIPO and the EU Court of Justice.  
At the same time, some controversial points have emerged, among them the very definition of design, the concept of functionality and the notions of disclosure and scope of protection.

Among the recommendations made by the study team, the need to clarify the concepts of individual character and industrial sector may be highlighted. It is suggested that, when determining the individual character of a design, national patent offices and courts should also refer to the nature of the product, the manner of use thereof, the purpose for which it is intended and the industrial sector to which it belongs or where it circulates.

Another recommendation is that the current notions of visibility and normal use be reviewed and that the definition of design should signify that all designs should be visible in order to qualify for protection. Also noteworthy are the recommendations made with respect to the graphic representations. In this regard, the EUIPO's CP6 Convergence Programme has already addressed the issue of corvengence in the graphic representaation of a design.

The study also deals with two key issues connected with design protection: 3D printing and spare parts. 3D printing is a relatively recent area of technology whose impact extends not only to designs but also to other forms of IP such as patents, trademarks and copyright. The study team takes a very cautious approach to this subject, stressing the need for deeper analysis from all standpoints and making recommendations regarding the possible adoption of provisions on direct or indirect design infringement. 

The question of spare parts had already been addressed in Directive 98/71/EC which put in place the transitional “freeze plus” solution. This system allowed each country to maintain its existing legal provisions on the subject but also to make changes provided that their goal was to liberalize the market for component parts used for the purpose of repairing complex products. However, national laws are not harmonized. In some countries, and in the case of EU designs, it is not possible to exercise the rights derived from the design of component parts of complex products upon whose appearance the protected design  is dependent for repair purposes. In contrast, it is possible in other countries, such as France and Germany. The study team strongly suggests that this situation be remedied and recommends that the spare parts issue be addressed in conjunction with that of 3D printing, as this technology may impact the manufacture and distribution of spare parts.

As Directive 98/71/EC is about to come of age and over 13 years have elapsed since the system for the protection of Community designs was implemented at the EUIPO, an updating process was by now called for. What the Commission has therefore done is call a pause in order to evaluate the current situation and propose improvements for the consideration of all parties with an interest in the design protection system.

N.B. Article originally published in Iuris & Lex.

Author: Pedro Saturio
Visit our website: http://www.elzaburu.es/en  

62 comments:

  1. Many individuals rush to these tourism administrators and wind up accomplishing more harm to nature than if they had not utilized a "green" administrator. They are dangerous towards nature, are harsh towards social needs and adventure the tourism economy.Travel & Hospitality

    ReplyDelete
  2. ExpertOption 100% Trust Broker with VFSC license and FMRRC certificate prove that the company complies with relevant requirements of international law.

    ReplyDelete
  3. Escorts Athens Sex, οι πιο sexy pornstars, escorts tour, vip call girls, greek escorts συνοδοί Αθήνα, τηλέφωνα escort και γυναίκες για sex στην Αθήνα!

    ReplyDelete
  4. Natural Food Series provides you with evidence base health benefits of various foods, herbs and beverages. Learn the health benefits of pineapple juice, ginger, garlic, oranges, yucca, taro root, yam, okra, herbs and essential oils. Natural Food Series also covers home remedies for malaria, yeast infection, insomnia, herpes and many more.

    ReplyDelete
  5. Join W88 Thai now $200 WELCOME BONUS!
    Get 100% Welcome Bonus up to $200 in all Slots Games. Start winning Now! More than Hundred Slots Games & win the Jackpot.

    ReplyDelete
  6. Se priser på de populæreste mobilabonnementer i Danmark her på siden

    ReplyDelete
  7. W88club is the leading Asian home service provider, based in the Philippines. At w88club offers sports betting services, online casinos and many more..

    ReplyDelete
  8. Bangkok Airways dhaka Office is a travel based online information site. Our Official airway office website is http://www.airwaysoffice.com & http://www.zooholiday.com and we provide best prices for Air Ticketing, Best deal for different Tour Packages, hotel & car booking, holiday packages, and Worldwide Tourist Visa Assistance facilities from Bangladesh. We always provide travel information and services via phone and social media and Email. Bangkok Airways Office ensure to provide better services in a short time frame, which make difference to other travel agents. That’s why we are now Top Travel Agent in Bangladesh market, who has over 160 sub travel agents and lot of corporate. our “corporate deal with various airlines” is very famous in Bangladeshi travel industry, that’s why Travel agents to corporate choose us.

    ReplyDelete
  9. sprinklage maroc and flood monitoring as well for dwellings to assure you that you’ll be safe from all these hazards. You’ll have the option to bundle your protection systems for a custom fit for your abode and businesses. You’ll have free screenings to see what is the best system for your home and commercial enterprise by experts.

    ReplyDelete
  10. Steam carpet cleaning services can be ice huge help to homeowners that are having problems with stains in their carpets, carpet areas that need a bit of refinishing or revitalization and for homes that need a deep clean for their flooring. Triple Star Steam Carpet cleaning in is an optimal way that you can get access to the best form of cleaning support for your flooring.

    ReplyDelete
  11. High Quality glueless full lace human hair wigs .free shipping worldwide.Attractive & Affordable . Custom-made for you .completely invisible and giving all natural appearance.

    ReplyDelete
  12. You can not send all the crews to attack enemies, there is a fixed limit/capacity. To send more troops to attack enemies, upgrade this building. Upgrading diner increases the maximum crime ops crew’s capacity. https://mafiah5.yottagames.com/play/

    ReplyDelete
  13. Looking for cheap flights to Bangladesh from your destination? Search for airfare and flight ticket deals at airwaysoffice.com and book your next flight today. Because only airwaysoffice.com giving real and ccheap airlines ticket in Bangladesh.

    ReplyDelete
  14. We are a Premier Real Estate Company Located in Lake Mary FL. !5 years Experience separates us from the rest. Love to help both Buyers And Sellers. Contact Us Now! 407 247 1139

    ReplyDelete
  15. bodrum escort ilanları arasindan bodrum escort bayanlar ile iletisime gecebilirsiniz , sitemizden bodrum escort kizlarini secebilirsiniz.

    ReplyDelete
  16. Skybootstrap is a high quality bootstrap landing page provider. We provide to you many different category landing page such as Beauty Salon landing page | Beauty & Spa landing page | Creative Template | Education landing page | Health & Beauty landing page | Hotel landing page | Insurance landing page | Marketing landing page | Mobile App landing page | Mortgage landing page | Real State landing page | Solar Power landing page | Technology landing page | Trending landing page | Beauty Product landing page | Beauty Salon landing page | Sale Beatuy Salon product | Hair shop lead generation page |Bootstrap Landing Page agency landing page | business landing page | construction landing page | corporate landing page | multi purposelanding page | one page landing page | parallax landing page | portfolio landing page | sport landing page | bootstrap landing page | clean landing page | cphost landing page | hosting Landing Page | mobile landing page | modern landing page | shared hosting landing page | bitcoin landing page | bitcoin charts | crypto currency landing page | crypto charts | crypto currency | cryptocurrency landing page | ico exchange | ico landing page | ico landing page | Cryptocurrency advisor, Cryptocurrency Investments, ico, ICO Agency, ICO Consulting, ico landing, ico template, ico website

    https://skybootstrap.com

    ReplyDelete
  17. Great post! We will be linking to this great article on our site. Keep up the good writing.
    Happy New Year Images
    New Year Motivational Quotes
    Happy New Year Wishes Messages

    ReplyDelete
  18. Well, when I was taking a European studies class my freshman year of high school, my European studies teacher also taught Psychology for juniors and seniors. One day one of my fellow http://www.getessaydone.com/ students asked the teacher what she was currently teaching in the psychology class. She said she was talking about how Sigmund Freud theorized that men had a subconscious want/need to have "relations" with their mothers.

    ReplyDelete
  19. Allegra is scalable agile task management software for teams of all sizes. Get structure into your tasks and projects with this best of breed project management software. It is fun to use and will boost your teams productivity. Being on the market for more than 10 years, this tool has evolved to become the most flexible, powerful and yet easy to use project management platform on the market.

    ReplyDelete
  20. New 4K Video Folding Drone from Xiaomi the Fimi X8 SE Drone is sure to shake up the drone market. At under $500 this aerial photography drone could become a best seller. If you are looking to get into aerial photography and your budget doesn't stretch to a DJI Drone this Fimi X8 SE could be perfect for you. Long flight time, 3 axis gimbal and 5K range the new Fimi X8 SS Drone.

    ReplyDelete
  21. How do I play PUBG mobile and live stream at the same time? Download Arcade Creative live streamOmlet application and then live stream. It will Stream the game live which you are playing and don’t clear the background process as it will be streaming it in the background.

    ReplyDelete
  22. For social businesses, being SEO friendly is one of the most powerful ways you can make traffic to your website. Research has found that 60 percent of users have used a search engine to get a social business within the last year, and a survey of marketers found that organic and local search encourages the highest ROI for local businesses, google adwords specialist los angeles delivering higher quality leads than other digital channels including social media and e-mail marketing. But with so many businesses fighting for the top places on search results pages, how do you make sure your website ranks long enough for people to find it? By taking steps to ensure your content is SEO friendly. SEO reaches for search engine optimization and refers to things you can do to help your content rank higher on search engines. For every piece of material, there are two critical aspects of your website that will help you achieve higher rankings – your particular page set up and the content itself.

    ReplyDelete
  23. For the person who lives to play the slots, the advent of bonus slots and feature slots online have opened up a world of exciting gambling opportunity and fun. Will thousands of online sites; you're sure to find several feature slots that will become your favorites.

    The great thing is that you don't have to go anywhere except to your computer to play these exciting feature slots or bonus slots. You just sit back in your favorite chair and have fun. There's plenty of challe...

    ReplyDelete
  24. El Paso SEO We Generate New Revenue for our Clients with Organic Search Engine Traffic. We are El Paso #1 Digital Marketing & SEO Company

    ReplyDelete
  25. If you’re still wondering whether you should keep the halogen headlights of your car or shift to LED highlight bulbs, we’ve got your back. Seriously, should you make this change? How to keep yourself safe when driving and with a moderate budget? Let’s light up your knowledge about car LED headlight bulbs and why you should get yours as quickly as possible.

    ReplyDelete
  26. Farm Feed Systems was established in 1999 and provides specialist feed equipment such as pellet mills and products to various manufacturers throughout the world.

    ReplyDelete
  27. Auf dem Weg in die 5. Dimension erlebt die Erde und die Menschen eine gewaltige Transformation. Bewusstseins Zustände wie bei Astralreisen können dabei entstehen. Portaltage helfen uns, diesen Übergang in die 5. Dimension leichter zu erleben.

    ReplyDelete
  28. Icons for website and web buttons to use in your creative projects, web development, ad campaign, social media pages, and presentations.

    ReplyDelete
  29. We're an business that masters the abilities of making multi-dimensional internet development as well as promotional services for the prestigious customers. We possess separate groups to appeal your marketplace needs for SEO , Social Press High Rates and Customer Friendly Internet Designing. We set our very own standards to be able to break by our personal professionals!

    ReplyDelete
  30. At Secretcraze , we're always looking for ways to exceed your expectations. If you have forgotten your password, if you have questions regarding the status of your order or about order tracking, product availability, we are here to help you get the most out of your shopping experience.

    ReplyDelete
  31. Airport Taxi Dfw is operational Transportation Service for valid client during 24/7. With the sincere motivation airport Taxi DFW keeps the price range within client support. At the same time airport Taxi DFW offers comfortable ride with its skilled drivers. Additionally DFW airport Taxi drivers have smart knowledge about surrounding areas to give the quickest safe passenger care. We serve DFW airport Transportation Service so as to DFW, TX community for seven years with excellent coordination of friendly and timely.

    ReplyDelete
  32. This article has suggested to me many new ideas. I will embark on doing it. Hope you can continue to contribute your talents in this area. Thank you.

    ReplyDelete
  33. Ghosts 2 glitches , is most awaited game for the gamer. Ghosts 2 offering so many things like: new weapons, maps, better graphics and more hiding spots. Call of Duty fans has an incredible eagerness towards Ghosts 2 though it’s not come yet.

    ReplyDelete
  34. From global chain stores to the neighborhood grocer, RGIS
    is the partner you can trust to do your project right.

    ReplyDelete
  35. Terrarium tv is an Android application that offers a huge catalog of movies and series to watch online for free from your smartphone or tablet
    Not everyone is willing to pay to be able to enjoy Netflix, HBO or Amazon Prime Video to watch their favorite movies and series. Here and there are free alternatives like Popcorn Time or Pordede, but now they are joined by Terrarium tv

    ReplyDelete
  36. A car is the main necessity of life these days. So most people have a car to travel from one place to another. Latest Car News Website provide Upcoming New Car Reviews of all Automotive Companies. Here are Autocar Video Reviews available. If you like their details you can read it from here

    ReplyDelete
  37. The Tre Ver - Trees, River, Home; enjoys an amazing 220m Kallang River frontage, and it brings together the best of worlds. Home by the River, and by the City. The Tre Ver, which is located in prime location at Potong Pasir, is the latest collaboration between UOL and architecture firm WOHA, and will become the newest addition to the green residential building landscape in Singapore.

    ReplyDelete
  38. Britney Spears - Britney Spears age & Britney Spears songs and Biography Britney Spears has been one of the most successful music singer in American.

    ReplyDelete
  39. ICC Cricket World Cup is the worldwide title of One icc cricket world cup 2019 International cricket. The overseeing body of the competition amusement is composed at regular intervals by the International Cricket Council (ICC). The competition is a standout amongst the most viewed games on the planet, it is just behind the FIFA World Cup and the Olympics icc cricket world cup 2019

    The primary World Cup was held in England in 1975, the initial three World Cups were facilitated in England. In any case, since the 1987 competition, the World Cup is held like clockwork in another nation. The latest competition was held in 2015, the competition was facilitated by Australia and New Zealand and Australia won it.

    ICC Cricket World Cup 2019 Schedule, Match Timings, Venue Details, Upcoming Cricket Matches and Recent Results on Live cricket score 2019 and about cricket world cup 2019.

    ReplyDelete
  40. 123Movieshub website | Watch 2019 Movies And TV Series Online Free on 123movieshub | Stream Movies Online Free on 123Movies. Movies123

    ReplyDelete
  41. E-train site is there for you to build up your skills in your interested side of technology. From here you can learn programming, Different languages courses, web development etc. Join eTrain now and gain the skills you need to succeed!

    ReplyDelete

  42. Buy Weed Online buy marijuana online, buying pot online, buy weed online Canada cheap, Buy cheap weed online, Weed order, Order weed, Cannabis order , How to buy edibles online, weed brownies for sale, edibles for sale, CBD Oil products, full spectrum cbd oil for sale, BHO extracts like weed wax for sale, marijuana wax, for sale, marijuana moonrocks, Moonrocks for sale, Buy moonrocks online, cannabis oil for sale, shatter wax for sale, vape pen carts, marijuana wax for sale, Order cannabis oil online, Order cannabis strains and accessories, marijuana vape pen and vape cartridges, THC edibles for sale, order edibles, where can i buy edibles, mail order weed, buy wax online, buy cbd vape oil, pre rolled joints for sale, pre rolled joints for sale, buy kush online, where to buy dabs online, weed dabs for sale, wax for sale, weed for sale.

    ReplyDelete
  43. A business writing coursesor workshop can help you to team members learn how to express themselves clearly and Succinctly in written form.If your organisation has experienced miscommunication on tuition for us because of and employees for written communication is in understanding the toll bad writing can take. Simply, put atom that writes well contributes directly and Indirectly to an organisation’s bottom line.

    ReplyDelete
  44. hearingrehabbd
    While hearing aids aren't considered a medical necessity by providers, whoever has used one can attest they do amazing things for quality of life. They vary a great deal in price, size, special features and the way they're placed in your ear. Body-worn hearing aids have a little box that you could clip to your clothes or place in your pocket. A bigger hearing aid can accommodate a bigger battery that normally should be changed less often.

    ReplyDelete
  45. We are the best website design and website development company in st. johns. We guarantee a great experience from a team of smart website designers.We believe your website is the centre of your digital presence,so for Website design Service in Alberta we assure you the best one. You can get Website design companies near me for choosing us. It’s a place where you can deliver your company’s message free of distraction.Dannywebinc’s web development services are perfect for company’s at any stage.

    ReplyDelete
  46. This website is one of the most popular sports lottery sites in Korea. It provides information on sports games that are of interest to the world. It predicts and analyzes baseball, basketball, and soccer games in advance. Also this site is work for safety playground. The Toto site which is perfect for the people who play sports Toto betting is open without a hiding.
    Source:토토사이트

    ReplyDelete
  47. YnM Weighted Blanketcreates weighted blankets that distribute physical pressure evenly to boost comfort. Each premium-grade blanket offers deep physical therapeutic touch to improve sleep, reduce stress, and boost serotonin production levels

    ReplyDelete
  48. Zincplex is the world's top rated shampoo for scalp issues including pimples, bumps, smelly hair, open sores and excess itching. Learn how to deep cleanse and purify your hair root to remove excess bacteria fungus and other irritants that can cause scalp and hair growth problems. Also get rid of oily hair problems with herbs and zinc pca.

    ReplyDelete
  49. Shotokan Karate : Shotokan (松濤館) is a Japanese martial arts. It belongs to the fighting and self-defense system Karate (空手). Karate itself has been developed on the islands of Okinawa. According to the famous karate blogger, Jesse Enkamp, Shotokan is the “world´s most popular style” of Karate.
    Shotokan Karate comprises a wide range of techniques

    ReplyDelete
  50. At La Vie medispa Sydney, we believe in the healing power of Mother Nature, that is why we use only the best Natural products in the market. La Vie medispa in Sydney, we use only the best natural herbs in our skin and body treatments.Our all-natural treatments are guaranteed to improve your skin’s texture, elasticity, clarity, and immunity.

    ReplyDelete
  51. At Landscaper Cleveland , we are experts in plants, trees and flowers that flourish in our Cleveland area.
    We do landscape design and propose a lot of landscaping ideas. We plant flowerbeds and gardens to raise the value of your property.
    Apart from planting flowers, trees and shrubs, we also design and install lighting, irrigation, patios, decks, pergolas and paved walkways.
    We provide you with lawn care services to keep your yard groomed, but also trim weeds, hedges, shrubs and trees. We keep your yards healthy and pretty. We take care of your trees.
    Our landscaping company does residential work or private work for commercial businesses.

    ReplyDelete
  52. Learn how an IEC education and electrician apprenticeship can put you on a path for a rewarding, lifelong career in the electrical field.

    ReplyDelete
  53. Crazy Science Show is a new and surprising format of a kids party! Science for kids- easy science experiments for kids, enchanting show that will bring a lot of fun to children! On-site science laboratory, where science fiction becomes a reality! Enjoy childhood emotions with fun science experiments for kids! Science party in NYC - a science-themed birthday is a great science party idea!

    ReplyDelete
  54. This post is very simple to read and appreciate without leaving any details out. Great work!

    Also check Merry Christmas Wishes

    ReplyDelete
  55. At We Buy Houses , in the Boston area and Southern New Hampshire to help folks get rid of a burdensome property. Most houses we buy in Boston are rehabbed to like-new and sold to a new family, and often to first-tip homeowners.
    We offer Cash for houses in any condition. We buy ugly houses, we buy nice houses in foreclosure houses, we help with buying houses in probate and financially distressed houses.

    ReplyDelete
  56. Examsleague provide Latest Updated Results, Admit Card, Time Table/ Date sheet, Exam Date Updates on time.

    ReplyDelete
  57. Lahore escorts & companions.Galerie de Plaisir - Escorts in Lahore. A sophisticated adult services & Glories Elegant Hot Call Girls in Lahore.

    ReplyDelete
  58. Welcome to 24-carat Escorts in Lahore. We aim to provide you with beautiful escorts, good service, and a regularly updated website. For clients, we take great care in our selection of escorts and in the service, we will provide you, we welcome feedback. Our aim is to improve and then improve again. For escorts, we take your business and safety.
    Lahore Escorts
    Escorts in Lahore
    Call Girl in Lahore

    ReplyDelete
  59. Hiring an escort is nothing to be ashamed of! In fact, just write everyone off and their opinions and hire that drop-dead sexy Lahore escorts you’ve had your eye on the website and go have the time of your life.

    ReplyDelete
  60. At Asian Sex Cam Models Thousands of registered Asian models to chat with. Many models are online all the time. Register, search for models and be entertained.

    ReplyDelete