Dutch Legislation

Chapter 2

in force

THE LAW RELATING TO DESIGNS

Community Designs Regulation 6/2002 (Verordening (EG) nr. 6/2002 (Gemeenschapsmodellen)) · Articles: 24

Section None

THE LAW RELATING TO DESIGNS

3 Article 3

For the purposes of this Regulation:

4 Article 4

1. A design shall be protected by a Community design to the extent that it is new and has individual character.

5 Article 5

1. A design shall be considered to be new if no identical design has been made available to the public:

6 Article 6

1. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall…

7 Article 7

1. For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published…

8 Article 8

1. A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function.

9 Article 9

A Community design shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

10 Article 10

1. The scope of the protection conferred by a Community design shall include any design which does not produce on the informed user a different…

11 Article 11

1. A design which meets the requirements under Section 1 shall be protected by an unregistered Community design for a period of three years as from…

12 Article 12

Upon registration by the Office, a design which meets the requirements under Section 1 shall be protected by a registered Community design for a…

13 Article 13

1. Registration of the registered Community design shall be renewed at the request of the right holder or of any person expressly authorised by him…

14 Article 14

1. The right to the Community design shall vest in the designer or his successor in title.

15 Article 15

1. If an unregistered Community design is disclosed or claimed by, or a registered Community design has been applied for or registered in the name…

16 Article 16

1. Where there is a complete change of ownership of a registered Community design as a result of legal proceedings under Article 15(1), licences and…

17 Article 17

The person in whose name the registered Community design is registered or, prior to registration, the person in whose name the application is filed…

18 Article 18

The designer shall have the right, in the same way as the applicant for or the holder of a registered Community design, to be cited as such before…

19 Article 19

1. A registered Community design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from…

20 Article 20

1. The rights conferred by a Community design shall not be exercised in respect of:

21 Article 21

The rights conferred by a Community design shall not extend to acts relating to a product in which a design included within the scope of protection…

22 Article 22

1. A right of prior use shall exist for any third person who can establish that before the date of filing of the application, or, if a priority is…

23 Article 23

Any provision in the law of a Member State allowing use of national designs by or for the government may be applied to Community designs, but only to…

24 Article 24

1. A registered Community design shall be declared invalid on application to the Office in accordance with the procedure in Titles VI and VII or by a…

25 Article 25

1. A Community design may be declared invalid only in the following cases:

26 Article 26

1. A Community design shall be deemed not to have had, as from the outset, the effects specified in this Regulation, to the extent that it has been…