- Introduction
- Patents in Europe
- Trade Marks in Europe
- Copyright in Europe
- Design Protection in Europe
- Plant Variety Rights in Europe
- Intellectual Property and Free Movement of Goods
- Intellectual Property and Article 81
- Intellectual Property and Joint Ventures
- Article 81, Distribution and Franchising Agreements
- Abuse of a Dominant Position
- Proceedings involving IPRs and Competition Law
- Enforcement of IPRs and Border Controls
- Jurisdiction and Intellectual Property
Design Protection in Europe
in
Table of Contracting States
para. 5-009. The European Community has acceded to the Geneva version of the Hague Agreement.This means that an applicant can designate the European Community and obtain a Community Registered Design via a Hague Agreement filing.
Spare parts
para 5.057 There is now progressing through the Community legislative pipeline, (COM(2004) 0582), a proposal whereby design right shall not subsist in spare parts intended to restore a complex product to its original appearance. The European Parliament has recently given its report which does not substantially change the European Commission's proposal. In return for liberalisation of the market for spare parts, the amending proposal requires that consumers are sufficiently well informed about the trade origin of spare parts so to be able to make an informed decision about whether they want a spare part from the manufacturer of the complex product or an independent spare part. The current core proposal is (Parliament's proposed amendments in bold italics)
"1. Protection as a design shall not exist for a design - incorporated in or applied to a product - which constitutes a component part of a complex product used within the meaning of Article 12 (1) of this Directive, for the exclusive and sole purpose of the repair of that complex product so as to restore its original appearance. Protection of design shall exist if a design is applied for decorative and appearance reasons only, i.e. not to repair this product in order to restore, but rather change its original appearance."
