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Community Design Regulation In force since 12 December 2001

Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
32002R0006 · official text on EUR-Lex

Articles

• Article 1 — Community design
• Article 2 — Office

Section 1 Requirements for protection

• Article 3 — Definitions
• Article 4 — Requirements for protection
• Article 5 — Novelty
• 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
• 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-à-vis third parties
• Article 34 — The application for a registered Community design as an object of property

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
• 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
• 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
• 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

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

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
• 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

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
• Article 107 — Implementing regulation
• Article 108 — Rules of procedure of the Boards of Appeal
• Article 109 — Committee
• Article 110 — Transitional provision
• Article 111 — Entry into force