Community design regulation 2002/6
COUNCIL REGULATION (EC) No 6/2002
of 12 December 2001
on Community designs
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Table of contents:
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TITLE I
GENERAL PROVISIONS
Article 1. Community design
Article 2. Office
TITLE II
THE LAW RELATING TO DESIGNS
Section 1
Requirements for protection
Article 3. Definitions
Article 4. Requirements for protection
Article 6. Individual character
Article 7. Disclosure
Article 8. Designs dictated by their technical function and designs of interconnections
Article 9. Designs contrary to public policy or morality
Section 2
Scope and term of protection
Article 10. Scope of protection
Article 11. Commencement and term of protection of the unregistered Community design
Article 12. Commencement and term of protection of the registered Community design
Article 13. Renewal
Section 3
Right to the Community design
Article 14. Right to the Community design
Article 15. Claims relating to the entitlement to a Community design
Article 16. Effects of a judgement on entitlement to a registered Community design
Article 17. Presumption in favour of the registered holder of the design
Article 18. Right of the designer to be cited
Section 4
Effects of the Community design
Article 19. Rights conferred by the Community design
Article 20. Limitation of the rights conferred by a Community design
Article 21. Exhaustion of rights
Article 22. Rights of prior use in respect of a registered Community design
Article 23. Government use
Section 5
Invalidity
Article 24. Declaration of invalidity
Article 25. Grounds for invalidity
Article 26. Consequences of invalidity
TITLE III
COMMUNITY DESIGNS AS OBJECTS OF PROPERTY
Article 27. Dealing with Community designs as national design rights
Article 28. Transfer of the registered Community design
Article 29. Rights in rem on a registered Community design
Article 30. Levy of execution
Article 31. Insolvency proceedings
Article 32. Licensing
Article 33. Effects vis-a-vis third parties
Article 34. The application for a registered Community design as an object of property
TITLE IV
APPLICATION FOR A REGISTERED COMMUNITY DESIGN
Section 1
Filing of applications and the conditions which govern them
Article 35. Filing and forwarding of applications
Article 36. Conditions with which applications must comply
Article 37. Multiple applications
Article 38. Date of filing
Article 39. Equivalence of Community filing with national filing
Article 40. Classification
Section 2
Priority
Article 41. Right of priority
Article 42. Claiming priority
Article 43. Effect of priority right
Article 44. Exhibition priority
TITLE V
REGISTRATION PROCEDURE
Article 45. Examination as to formal requirements for filing
Article 46. Remediable deficiencies
Article 47. Grounds for non-registrability
Article 48. Registration
Article 49. Publication
Article 50. Deferment of publication
TITLE VI
SURRENDER AND INVALIDITY OF THE REGISTERED COMMUNITY DESIGN
Article 51. Surrender
Article 52. Application for a declaration of invalidity
Article 53. Examination of the application
Article 54. Participation in the proceedings of the alleged infringer
TITLE VII
APPEALS
Article 55. Decisions subject to appeal
Article 56. Persons entitled to appeal and to be parties to appeal proceedings
Article 57. Time limit and form of appeal
Article 58. Interlocutory revision
Article 59. Examination of appeals
Article 60. Decisions in respect of appeals
Article 61. Actions before the Court of Justice
TITLE VIII
PROCEDURE BEFORE THE OFFICE
Section 1
General provisions
Article 62. Statement of reasons on which decisions are based
Article 63. Examination of the facts by the Office of its own motion
Article 64. Oral proceedings
Article 65. Taking of evidence
Article 66. Notification
Article 67. Restitutio in integrum
Article 68. Reference to general principles
Article 69. Termination of financial obligations
Section 2
Costs
Article 70. Apportionment of costs
Article 71. Enforcement of decisions fixing the amount of costs
Section 3
Informing the public and the official authorities of the Member States
Article 72. Register of Community designs
Article 73. Periodical publications
Article 74. Inspection of files
Article 75. Administrative cooperation
Article 76. Exchange of publications
Section 4
Representation
Article 77. General principles of representation
Article 78. Professional representation
TITLE IX
JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY DESIGNS
Section 1
Jurisdiction and enforcement
Article 79. Application of the Convention on Jurisdiction and Enforcement
Section 2
Disputes concerning the infringement and validity of Community designs
Article 80. Community design courts
Article 81. Jurisdiction over infringement and validity
Article 82. International jurisdiction
Article 83. Extent of jurisdiction on infringement
Article 84. Action or counterclaim for a declaration of invalidity of a Community design
Article 85. Presumption of validity — defence as to the merits
Article 86. Judgements of invalidity
Article 87. Effects of the judgement on invalidity
Article 88. Applicable law
Article 89. Sanctions in actions for infringement
Article 90. Provisional measures, including protective measures
Article 91. Specific rules on related actions
Article 92. Jurisdiction of Community design courts of second instance — further appeal
Section 3
Other disputes concerning Community designs
Article 93. Supplementary provisions on the jurisdiction of national courts other than Community design courts
Article 94. Obligation of the national court
TITLE X
EFFECTS ON THE LAWS OF THE MEMBER STATES
Article 95. Parallel actions on the basis of Community designs and national design rights
Article 96. Relationship to other forms of protection under national law
TITLE XI
SUPPLEMENTARY PROVISIONS CONCERNING THE OFFICE
Section 1
General provisions
Article 97. General provision
Article 98. Language of proceedings
Article 99. Publication and register
Article 100. Supplementary powers of the President
Article 101. Supplementary powers of the Administrative Board
Section 2
Procedures
Article 102. Competence
Article 103. Examiners
Article 104. The Administration of Trade Marks and Designs and Legal Division
Article 105. Invalidity Divisions
Article 106. Boards of Appeal
TITLE XIa
INTERNATIONAL REGISTRATION OF DESIGNS
Section 1
General provisions
Article 106a. Application of provisions
Section 2
International registrations designating the community
Article 106b. Procedure for filing the international application
Article 106c. Designation fees
Article 106d. Effects of international registration designating the European Community
Article 106e. Refusal
Article 106f. Invalidation of the effects of an international registration
TITLE XII
FINAL PROVISIONS
Article 107. Implementing regulation
Article 108. Rules of procedure of the Boards of Appeal
Article 109. Committee
Article 110. Transitional provision
Article 110a. Provisions relating to the enlargement of the Community
Article 111. Entry into force