Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on European Union designs

TITLE I

GENERAL PROVISIONS

Article 1

EU design

A design shall be protected:

(a) by an ‘unregistered  EU design’, if made available to the public in the manner provided for in this Regulation;

(b) by a ‘registered  EU design’, if registered in the manner provided for in this Regulation.

Article 2

European Union Intellectual Property Office

The European Union Intellectual Property Office (“the Office”), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council (¹), shall carry out the tasks entrusted to it by this Regulation.

Article 2a

Capacity to act

For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and obligations of all kinds to make contracts or accomplish other legal acts, and to sue and be sued.

TITLE II

THE LAW RELATING TO DESIGNS

Section 1

Requirements for protection

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) “design” means the appearance of the whole or a part of a product resulting from the features, in particular the lines, contours, colours, shape, texture and/or materials, of the product itself and/or of its decoration, including the movement, transition or any other sort of animation of those features;

(2) “product” means any industrial or handicraft item, other than a computer program, regardless of whether it is embodied in a physical object or materialises in a non-physical form, including: (a) packaging, sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product; (b) graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces;

(3) “complex product” means a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product.

Article 4

Requirements for protection

A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

Article 5

Novelty

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

(a) in the case of an unregistered  EU design, before the date on which the design for which protection is claimed has first been made available to the public;

(b) in the case of a registered  EU design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

Article 6

Individual character

A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:

(a) in the case of an unregistered  EU design, before the date on which the design for which protection is claimed has first been made available to the public;

(b) in the case of a registered  EU design, before the date of filing the application for registration or, if a priority is claimed, the date of priority.

Article 7

Disclosure

A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 if the disclosed design, which is identical with or does not differ in its overall impression from the design for which protection is claimed under a registered EU design, has been made available to the public:

(a) by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer or his successor in title; and

(b) during the 12-month period preceding the date of filing of the application or, if a priority is claimed, the date of priority.

Article 8

Designs dictated by their technical function and designs of interconnections

Article 9

Designs contrary to public policy or morality

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

Section 2

Scope and term of protection

Article 10

Scope of protection

Article 11

Commencement and term of protection of the unregistered  EU design

Article 12

Commencement and term of protection of the registered EU design

Section 3

Right to the  EU design

Article 14

Right to the  EU design

Article 15

Claims relating to the entitlement to an EU design

In the case of a registered EU design, the following shall be entered in the Register of EU designs referred to in Article 72 (“the Register”):

(a) an indication that proceedings under paragraph 1 have been instituted before the competent court or authority of the Member State concerned;

(b) the date and particulars of the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design or any other termination of the proceedings;

(c) any change in the ownership of the registered EU design resulting from the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design.

Article 16

Effects of a final decision on entitlement to a registered EU design

Article 17

Presumption in favour of the registered holder of the design

The person in whose name the registered  EU design is registered or, prior to registration, the person in whose name the application is filed, shall be deemed to be the person entitled in any proceedings before the Office as well as in any other proceedings.

Article 18

Right of the designer to be cited

The designer shall have the right, in the same way as the applicant for or the holder of a registered EU design, to be cited as such before the Office and in the Register. If the design is the result of teamwork, the citation of the team may replace the citation of the individual designers. That right shall include the right to enter a change of the name of the designer or of the team in the Register.

Section 4

Effects of the  EU design

Article 18a

Object of protection

Protection shall be conferred for those features of the appearance of a registered EU design which are shown visibly in the application for registration.

Article 19

Rights conferred by the EU design

The following, in particular, may be prohibited under paragraph 1:

(a) making, offering, placing on the market or using a product in which the design is incorporated or to which the design is applied;

(b) importing or exporting a product referred to in point (a);

(c) stocking a product referred to in point (a) for the purposes referred to in points (a) and (b);

(d) creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling a product referred to in point (a) to be made.

The right referred to in the first subparagraph of this paragraph shall lapse, if, during proceedings to determine whether the EU design has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council (²), evidence is provided by the declarant or the holder of the products that the holder of the registered EU design is not entitled to prohibit the placing of the products on the market in the country of final destination.

The contested use referred to in the first subparagraph shall not be deemed to result from copying the unregistered EU design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.

Article 20

Limitation of the rights conferred by an EU design

The rights conferred by an EU design shall not be exercised in respect of:

(a) acts carried out privately and for non-commercial purposes;

(b) acts carried out for experimental purposes;

(c) acts of reproduction for the purpose of making citations or of teaching;

(d) acts carried out for the purpose of identifying or referring to a product as that of the design right holder;

(e) acts carried out for the purpose of comment, critique or parody;

(f) the equipment on ships and aircraft that are registered in a third country and that temporarily enter the territory of the Union;

(g) the importation into the Union of spare parts and accessories for the purpose of repairing ships and aircraft referred to in point (f);

(h) the execution of repairs on ships and aircraft referred to in point (f).

Article 20a

Repair clause

Article 21

Exhaustion of rights

The rights conferred by an EU design shall not extend to acts relating to a product in which a design included within the scope of protection of the EU design is incorporated or to which it is applied, when the product has been placed on the market in the European Economic Area (EEA) by the holder of the EU design or with the holder’s consent.

Article 22

Rights of prior use in respect of a registered  EU design

Article 23

Government use

Any provision in the law of a Member State allowing use of national designs by or for the government may be applied to  EU designs, but only to the extent that the use is necessary for essential defence or security needs.

Section 5

Invalidity

Article 24

Declaration of invalidity

Article 25

Grounds for invalidity

An EU design may be declared invalid only in the following situations:

(a) the EU design does not correspond to the definition under Article 3, point (1);

(b) the EU design does not fulfil the requirements laid down in Articles 4 to 9;

(c) by virtue of a decision of the competent court or authority, the right holder is not entitled to the EU design under Article 14;

(d) the EU design is in conflict with a prior design which has been made available to the public prior to or after the date of filing of the application, or if priority is claimed, the date of priority of the EU design, and which is protected from a date prior to the date of filing of the application, or if priority is claimed, the date of priority of the EU design: (i) by a registered EU design, or an application for such a design subject to its registration, (ii) by a registered design right of a Member State, or by an application for such a right subject to its registration, or (iii) by a design right registered under the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999 (“the Geneva Act”), which has effect in the Union, or by an application for such a right subject to its registration;

(e) a distinctive sign is used in a subsequent design, and Union law or the law of the Member State governing that sign confers on the right holder of the sign the right to prohibit such use;

(f) the design constitutes an unauthorised use of a work protected under the copyright law of a Member State;

(g) the design constitutes an improper use of any of the items listed in Article 6ter of the Paris Convention for the Protection of Industrial Property (“the Paris Convention”), or of badges, emblems and escutcheons other than those covered by that Article and which are of particular public interest in a Member State, and the consent of the competent authorities to the registration has not been given.

The grounds for invalidity provided for in paragraph 1, points (a) and (b), may be invoked by the following:

(a) any natural or legal person; or

(b) any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, if that group or body has the capacity to sue and be sued in its own name under the law governing it.

The grounds for invalidity provided for in paragraph 1, points (d), (e) and (f), may be invoked solely by the following:

(a) the applicant for or the holder of the earlier right;

(b) the persons who are entitled under Union law or the law of the Member State concerned to exercise the right; or

(c) a licensee authorised by a proprietor of the earlier right.

Article 26

Consequences of invalidity

Subject to the national provisions relating either to claims for compensation for damage caused by negligence or lack of good faith on the part of the holder of the  EU design, or to unjust enrichment, the retroactive effect of invalidity of the  EU design shall not affect:

(a) any decision on infringement which has acquired the authority of a final decision and been enforced prior to the invalidity decision;

(b) any contract concluded prior to the invalidity decision, in so far as it has been performed before the decision; however, repayment, to an extent justified by the circumstances, of sums paid under the relevant contract may be claimed on grounds of equity.

Section 6

Notice of registration

Article 26a

Registration symbol

The holder of a registered EU design may inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter D enclosed within a circle (). Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.

TITLE III

EU DESIGNS AS OBJECTS OF PROPERTY

Article 27

Dealing with  EU designs as national design rights

Unless Articles 28, 29, 30, 31 and 32 provide otherwise, a  EU design as an object of property shall be dealt with in its entirety, and for the whole area of the  Union, as a national design right of the Member State in which:

(a) the holder has his seat or his domicile on the relevant date; or

(b) where point (a) does not apply, the holder has an establishment on the relevant date.

In the case of joint holders, if two or more of them fulfil the condition under paragraph 1, the Member State referred to in that paragraph shall be determined:

(a) in the case of an unregistered  EU design, by reference to the relevant joint holder designated by them by common agreement;

(b) in the case of a registered  EU design, by reference to the first of the relevant joint holders in the order in which they are mentioned in the register.

Article 28

Transfer of the registered EU design

An assignment of a registered EU design that does not comply with the requirements set out in the first subparagraph shall be void.

Article 28a

Conferral of implementing powers regarding transfer

The Commission shall adopt implementing acts specifying:

(a) the details to be contained in the request for registration of a transfer referred to in Article 28(3);

(b) the kind of documentation required to establish a transfer as referred to in Article 28(3), taking account of the agreements given by the registered holder and the successor in title.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 29

Rights in rem on a registered  EU design

Article 30

Levy of execution

Article 31

Insolvency proceedings

Article 32

Licensing

The holder may invoke the rights conferred by the EU design against a licensee who contravenes any provision in the licensing contract with regard to:

(a) the duration of the licence;

(b) the form in which the design may be used;

(c) the range of products for which the licence is granted;

(d) the quality of the products manufactured by the licensee under the licence.

Article 32a

Procedure for entering licences and other rights in the Register

The application for registration of a licence may contain a request to record such licence in the Register as one or more of the following:

(a) an exclusive licence;

(b) a sub-licence in the event that such sub-licence is granted by a licensee whose licence is recorded in the Register;

(c) a licence limited to a specific range of products;

(d) a licence limited to part of the Union;

(e) a temporary licence.

Where a request is made to record the licence as a licence referred to in the first subparagraph, point (c), (d), or (e), the application for registration shall indicate the specific product range, the part of the Union or the period for which the licence is granted.

Article 33

Effects vis-à-vis third parties

Article 33a

Procedure for cancelling or modifying registrations of licences and other rights

Article 34

The application for a registered EU design as an object of property

Articles 27 to 33a shall apply to applications for registered EU designs. Where the effect of one of those provisions is conditional upon an entry in the Register, that formality shall be performed upon entry of the registered EU design in the Register.

TITLE IV

APPLICATION FOR A REGISTERED  EU DESIGN

Section 1

Filing of applications and the conditions which govern them

Article 35

Filing of applications

Article 36

Conditions with which applications must comply

An application for a registered EU design shall contain:

(a) a request for registration;

(b) information identifying the applicant;

(c) a sufficiently clear representation of the design, which permits the subject matter for which protection is sought to be determined.

In addition, the application may contain:

(a) a description explaining the representation;

(b) a request for deferment of publication of the registration in accordance with Article 50;

(c) information identifying the representative if the applicant has appointed one;

(d) the classification of the products in which the design is intended to be incorporated or to which it is intended to be applied according to class and subclass of the Locarno Classification, as amended and in force at the date of filing of the application;

(e) the citation of the designer or of the team of designers or a statement under the applicant’s responsibility that the designer or the team of designers has waived the right to be cited.

Article 36a

Conferral of implementing powers regarding the application

The Commission shall adopt implementing acts specifying the details to be contained in the application for a registered EU design. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 37

Multiple applications

Article 37a

Conferral of implementing powers regarding multiple applications

The Commission shall adopt implementing acts specifying the details to be contained in the multiple application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 38

Date of filing

The date of filing of an application for a registered EU design shall be the date on which documents containing the information specified in Article 36(1) are filed with the Office by the applicant, subject to the payment of the application fees referred to in Article 36(4) and Article 37(2) within one month of filing those documents.

Article 39

Equivalence of Union filing with national filing

An application for a registered EU design which has been accorded a date of filing shall, in the Member States, be equivalent to a regular national filing, including where appropriate the priority claimed for the EU design application.

Article 40

Classification and product indications

Section 2

Priority

Article 41

Right of priority

Article 42

Claiming priority

Article 42a

Conferral of implementing powers regarding the claim of priority

The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the priority of a previous application in accordance with Article 42(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 43

Effect of priority right

The right of priority shall have the effect that the date of priority shall count as the date of the filing of the application for a registered EU design for the purposes of Articles 5, 6, 7 and 22, Article 25(1), points (d), (e) and (f), and Article 50(1).

Article 44

Exhibition priority

Article 44a

Conferral of implementing powers

The Commission shall adopt implementing acts specifying the type and details of evidence to be filed for claiming an exhibition priority in accordance with Article 44(2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

TITLE V

REGISTRATION PROCEDURE, RENEWAL AND ALTERATION

Article 45

Examination as to formal requirements for filing

The Office shall examine whether:

(a) the application for a registered EU design complies with the requirements referred to in Article 36(2), (3) and (5) and, in the case of a multiple application, in Article 37(1) and (3);

(b) where relevant, the additional fee for deferment of publication pursuant to Article 36(4) has been paid within the prescribed period;

(c) where relevant, the additional fee for deferment of publication in respect of each design included in a multiple application pursuant to Article 37(2) has been paid within the prescribed period.

Article 47

Grounds for non-registrability

Article 47a

Withdrawal and amendment of the application

Article 47b

Delegation of power regarding the amendment of the application

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details of the procedure for the amendment of the application as referred to in Article 47a(2).

Article 48

Registration

Article 49

Publication

Upon registration, the Office shall publish the registered EU design in the EU Designs Bulletin as referred to in Article 73(1), point (a).

Article 49a

Conferral of implementing powers regarding publication

The Commission shall adopt implementing acts laying down the details to be contained in the publication referred to in Article 49. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 50

Deferment of publication

Article 50a

Publication after the period of deferment

The Office shall, at the expiry of the period of deferment referred to in Article 50 or, in the case of a request for earlier publication, as soon as technically possible:

(a) publish the registered EU design in the EU Designs Bulletin, with the details required under the rules adopted pursuant to Article 49a, together with an indication of the fact that the application contained a request for deferment of publication pursuant to Article 50;

(b) make available for public inspection any file relating to the design;

(c) open to public inspection all the entries in the Register, including any entries withheld from inspection pursuant to Article 74(5).

Article 50b

Registration certificates

After publication of the registered EU design, the Office shall issue to the holder a certificate of registration. The Office shall provide certified or uncertified copies of the certificate, upon request. The certificates and copies shall be issued by electronic means.

Article 50c

Conferral of implementing powers

The Commission shall adopt implementing acts specifying the details to be contained in and the form of the certificate of registration referred to in Article 50b. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 50d

Renewal

Failing that, the request may be submitted and the fee paid within a further period of six months following the expiry of the registration, provided that an additional fee for late payment of the renewal fee or late submission of the request for renewal is paid within that further period.

The request for renewal referred to in paragraph 1 shall include:

(a) the name of the person requesting renewal;

(b) the registration number of the EU design to be renewed;

(c) in case of a registration on the basis of a multiple application, an indication of the designs for which renewal is requested.

If the renewal fees are paid, the payment shall be deemed to constitute a request for renewal provided that it contains all necessary indications to establish the purpose of the payment.

Article 50e

Alteration

Article 50f

Conferral of implementing powers regarding alteration

The Commission shall adopt implementing acts specifying the details to be contained in the request for alteration referred to in Article 50e(2). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 50g

Change of name or address

Article 50h

Conferral of implementing powers regarding change of name or address

The Commission shall adopt implementing acts specifying the details to be contained in a request for a change of name or address pursuant to Article 50g(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

TITLE VI

SURRENDER AND INVALIDITY OF THE REGISTERED  EU DESIGN

Article 51

Surrender

Article 51a

Conferral of implementing powers regarding surrender

The Commission shall adopt implementing acts specifying:

(a) the details to be contained in a declaration of surrender pursuant to Article 51(1);

(b) the kind of documentation required to establish the agreement of a third party pursuant to Article 51(3) and the agreement of a claimant pursuant to Article 51(4).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 52

Application for a declaration of invalidity

Article 53

Examination of the application

Article 53a

Delegation of power regarding the declaration of invalidity

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details of the proceedings for the declaration of invalidity of an EU design as referred to in Articles 52 and 53, including the possibility of examining an application for a declaration of invalidity as a matter of priority where the holder of the registered EU design does not contest the grounds of invalidity or the relief sought.

Article 54

Participation in the proceedings of the alleged infringer

The same shall apply in respect of any third party who proves both that the right holder of the  EU design has requested that he cease an alleged infringement of the design and that he has instituted proceedings for a court ruling that he is not infringing the  EU design.

TITLE VII

APPEALS

Article 55

Decisions subject to appeal

Article 55a

Delegation of power regarding appeal proceedings

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying:

(a) the formal content of the notice of appeal referred to in Article 68 of Regulation (EU) 2017/1001 and the procedure for the filing and examination of the appeal;

(b) the formal content and form of the decisions of the Boards of Appeal as referred to in Article 71 of Regulation (EU) 2017/1001;

(c) the reimbursement of the appeal fee referred to in Article 68 of Regulation (EU) 2017/1001.

TITLE VIII

PROCEDURE BEFORE THE OFFICE

Section 1

General provisions

Article 62

Decisions and communications of the Office

Article 63

Examination of the facts by the Office of its own motion

Article 64

Oral proceedings

Article 64a

Delegation of power regarding oral proceedings

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for oral proceedings referred to in Article 64, including the detailed arrangements for the use of languages in accordance with Article 98.

Article 65

Taking of evidence

In any proceedings before the Office the means of giving or obtaining evidence shall include the following:

(a) hearing the parties;

(b) requests for information;

(c) the production of documents and items of evidence;

(d) hearing witnesses;

(e) opinions by experts;

(f) statements in writing, sworn or affirmed or having a similar effect under the law of the State in which the statement is drawn up.

Article 65a

Delegation of power regarding the taking of evidence

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for the taking of evidence referred to in Article 65.

Article 66

Notification

Article 66a

Delegation of power regarding notification

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for notification referred to in Article 66.

Article 66b

Notification of loss of rights

Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation, without any decision having been taken, it shall communicate that finding to the persons concerned in accordance with Article 66. The persons concerned may apply for a decision on the matter within two months of notification of the communication, if they consider that the finding of the Office is incorrect. The Office shall adopt such a decision only where it disagrees with the persons requesting it. If that is not the case, the Office shall amend its finding and inform the persons requesting the decision thereof.

Article 66c

Communications to the Office

Communications addressed to the Office shall be effected by electronic means. The Executive Director shall determine the electronic means to be used and the manner and technical conditions under which such electronic means are to be used.

Article 66d

Delegation of power regarding communications to the Office

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the rules on communications addressed to the Office as referred to in Article 66c and the forms for such communication that are to be made available by the Office.

Article 66e

Time limits

Article 66f

Delegation of power regarding calculation and duration of time limits

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the details regarding the calculation and duration of time limits referred to in Article 66e.

Article 66g

Correction of errors and manifest oversights

Article 66h

Cancellation of entries in the Register and revocation of decisions

Article 66i

Delegation of power regarding cancellation of entries and revocation of decisions

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the procedure for the cancellation of an entry in the Register or the revocation of a decision as referred to in Article 66h.

Article 67

Restitutio in integrum

Article 67a

Continuation of proceedings

Continuation of proceedings shall not be granted in the event of non-observance of the time limits laid down in:

(a) Article 38, Article 41(1), Article 44(1), Article 45(3), Article 50d(3) and Article 67(2);

(b) Article 68 and Article 72(5) of Regulation (EU) 2017/1001 in conjunction with Article 55(2) of this Regulation;

(c) paragraph 1 of this Article.

Article 67b

Interruption of proceedings

Proceedings before the Office shall be interrupted:

(a) in the event of the death or legal incapacity of the applicant for, or holder of, a registered EU design or of the person authorised by national law to act on behalf of the applicant or holder.

(b) in the event of the applicant for, or holder of, a registered EU design being prevented, for legal reasons resulting from action taken against the applicant’s or holder’s property, from continuing the proceedings before the Office;

(c) in the event of the death or legal incapacity of the representative of an applicant for, or holder of, a registered EU design, or of that representative being prevented, for legal reasons resulting from action taken against the representative’s property, from continuing the proceedings before the Office.

To the extent that the death or incapacity referred to in the first subparagraph, point (a), does not affect the authorisation of a representative appointed under Article 78, proceedings shall be interrupted only on request by such representative.

Article 67c

Delegation of power regarding the resumption of proceedings

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by setting out the detailed arrangements for the resumption of proceedings before the Office referred to in Article 67b(2).

Article 68

Reference to general principles

In the absence of procedural provisions in this Regulation or in acts adopted pursuant to this Regulation, the Office shall take into account the principles of procedural law generally recognised in the Member States.

Article 69

Termination of financial obligations

Section 2

Costs

Article 70

Apportionment of costs

Where the amount of the costs is fixed pursuant to the first subparagraph of this paragraph, representation costs shall be awarded at the level laid down in the implementing act adopted pursuant to Article 70a and irrespective of whether they have been actually incurred.

Article 70a

Conferral of implementing powers regarding maximum rates for costs

The Commission shall adopt implementing acts specifying the maximum rates for costs essential to the proceedings and actually incurred by the successful party as referred to in Article 70(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

When specifying the maximum rates with respect to travel and subsistence costs, the Commission shall take into account the distance between the place of residence or business of the party, representative, witness or expert and the place where the oral proceedings are held, the procedural stage at which the costs have been incurred, and, as far as costs of representation within the meaning of to Article 78(1) are concerned, the need to ensure that the obligation to bear the costs cannot be misused for tactical reasons by the other party. In addition, subsistence expenses shall be calculated in accordance with the Staff Regulations of Officials of the Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (⁵). The losing party shall bear the costs for one party in the proceedings only and, where applicable, one representative only.

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 EU designs

The Register shall contain the following entries relating to EU design registrations:

(a) the date of filing and registration of the application, pursuant to Article 48(3);

(b) the file number of the application and the file number of each individual design included in a multiple application;

(c) the date of the publication of the registration;

(d) the name, and the city and country of the applicant;

(e) the name and business address of the representative, other than a representative referred to in Article 77(3), first subparagraph;

(f) the representation of the design;

(g) the names of the products, preceded by the numbers of the classes and subclasses of the Locarno classification;

(h) particulars of claims of priority pursuant to Article 42;

(i) particulars of claims of exhibition priority pursuant to Article 44;

(j) the citation of the designer or of the team of designers pursuant to Article 18, or a statement that the designer or the team of designers has waived the right to be cited;

(k) the language in which the application was filed and the second language which the applicant has indicated in the application, pursuant to Article 98(3);

(l) the date of registration of the design in the Register and the registration number pursuant to Article 48(1);

(m) an indication of any request for deferment of publication pursuant to Article 50(3), specifying the date of expiry of the period of deferment;

(n) an indication that a description was filed pursuant to Article 36(3), point (a).

The Register shall also contain the following entries, each accompanied by the date of their recording:

(a) changes in the name or the city and country of the holder pursuant to Article 50g;

(b) changes in the name or business address of the representative, other than a representative referred to in Article 77(3), first subparagraph;

(c) where a new representative is appointed, the name and business address of that representative;

(d) changes in the name of the designer or the team of designers pursuant to Article 18;

(e) corrections of errors and manifest oversights pursuant to Article 66g;

(f) alterations of the design pursuant to Article 50e;

(g) an indication that entitlement proceedings have been instituted before the competent court or authority under Article 15(5), point (a);

(h) the date and particulars of the final decision of the competent court or authority or other termination of proceedings pursuant to Article 15(5), point (b);

(i) a change of ownership pursuant to Article 15(5), point (c);

(j) a transfer pursuant to Article 28;

(k) the creation or transfer of a right in rem pursuant to Article 29 and the nature of the right in rem;

(l) a levy of execution pursuant to Article 30 and insolvency proceedings pursuant to Article 31;

(m) the grant or transfer of a licence pursuant to Article 16(2) or Article 32 and, where applicable, the type of licence referred to in Article 32a(3);

(n) the renewal of the registration pursuant to Article 50d and the date from which that renewal takes effect;

(o) the determination of the expiry of the registration pursuant to Article 50d(8);

(p) a declaration of surrender by the holder pursuant to Article 51(1);

(q) the date of submission and the particulars of an application for a declaration of invalidity under Article 52, of a counterclaim for a declaration of invalidity pursuant to Article 84(5) or of an appeal brought pursuant to Article 55;

(r) the date and particulars of the final decision on the application for a declaration of invalidity pursuant to Article 53, of the final decision on a counterclaim for a declaration of invalidity pursuant to Article 86(3), of the final decision on an appeal pursuant to Article 55, or of any other termination of proceedings pursuant, to those Articles;

(s) the cancellation of the entry concerning the representative recorded pursuant to paragraph 2, point (e);

(t) the modification or cancellation from the Register of the items referred to in paragraph 3, points (l), (m) and (n).

(u) the revocation of a decision or the cancellation of an entry in the Register pursuant to Article 66h, where the revocation concerns a decision or the cancellation concerns an entry which has been published.

The processing of the data concerning the entries set out in paragraphs 2 and 3, including any personal data, shall take place for the purposes of:

(a) administering the applications, registrations, or both, as described in this Regulation and any acts adopted pursuant to it;

(b) maintaining a public Register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties;

(c) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system for registration of EU designs.

Article 72a

Database

The electronic database may include personal data, beyond those included in the Register pursuant to Article 72, to the extent that such data are required by this Regulation or by acts adopted pursuant to it. The collection, storage and processing of personal data shall serve the purposes of:

(a) administering the applications, registrations, or both, as described in this Regulation and in acts adopted pursuant to it;

(b) accessing the information necessary for conducting the relevant proceedings more easily and efficiently;

(c) communicating with the applicants and other parties to the proceedings; and

(d) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.

Article 72b

Online access to decisions

Article 73

Periodical publications

The Office shall periodically publish:

(a) a European Union Designs Bulletin containing publications of entries made in the Register, as well as other particulars relating to registrations of EU designs the publication of which is required by this Regulation or by acts adopted pursuant to it;

(b) an Official Journal of the Office containing notices and information of a general character issued by the Executive Director, as well as any other information relevant to this Regulation or its implementation.

The publications referred to in the first subparagraph, points (a) and (b), may be effected by electronic means.

Article 73a

Conferral of implementing powers regarding periodical publications

The Commission shall adopt implementing acts specifying:

(a) the date to be considered as the date of publication in the European Union Designs Bulletin;

(b) the manner of publication of entries regarding the registration of a design which do not contain changes as compared to the publication of the application;

(c) the forms in which editions of the Official Journal of the Office may be made available to the public.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 74

Inspection of files

This shall in particular apply if the interested person proves that the applicant for or the holder of the registered  EU design has taken steps with a view to invoking against him the right under the registered  EU design.

Where the files are inspected pursuant to paragraph 2 or 3, the following parts of the file shall be excluded from inspection:

(a) documents relating to exclusion or objection pursuant to Article 169 of Regulation (EU) 2017/1001;

(b) draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions;

(c) parts of the file which the party concerned showed a special interest in keeping confidential before the request for inspection of the files was made, unless inspection of such part of the file is justified by overriding legitimate interests of the party seeking inspection.

Article 74a

Procedures for the inspection of files

Where the request for inspection of the files relates to an application for a registered EU design or to a registered EU design which are subject to deferment of publication in accordance with Article 50 or which, being subject to such deferment, have been surrendered before or on the date of expiry of that period, the request shall contain evidence that:

(a) the applicant for or holder of the EU design has consented to the inspection; or

(b) the person requesting the inspection has established a legitimate interest in the inspection of the file.

Article 74b

Communication of information contained in the files

Subject to the restrictions provided for in Article 74, the Office may, upon request, communicate information from any file of any procedure relating to an EU design application or to a registered EU design.

Article 74c

Keeping of files

Where, and to the extent that, files or parts of the files are kept in any form other than electronically, documents or items of evidence constituting part of such files shall be kept for at least five years from the end of the year in which:

(a) the application is rejected or withdrawn;

(b) the registration of the EU design expires definitively;

(c) the surrender of the registered EU design is entered in the Register pursuant to Article 51;

(d) the registered EU design is definitively removed from the Register.

Article 75

Administrative cooperation

Article 75a

Conferral of implementing powers regarding administrative cooperation

The Commission shall adopt implementing acts setting out the detailed arrangements for the exchange of information between the Office and the authorities of the Member States and for the opening of files for inspection as referred to in Article 75, taking into account the restrictions to which the inspection of files relating to EU design applications or registrations is subject, pursuant to Article 74, when they are opened to third parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Section 4

Representation

Article 77

General principles of representation

An employee of a legal person to which this paragraph applies may also represent other legal persons which have economic connections with the first legal person, even if those other legal persons have neither their domicile nor their principal place of business nor a real and effective industrial or commercial establishment within the EEA.

Employees who represent persons within the meaning of this paragraph shall, at the request of the Office or, where appropriate, of the party to the proceedings, provide the Office with a signed authorisation for insertion in the files.

Article 78

Professional representation

Representation of natural or legal persons in proceedings before the Office under this Regulation may only be undertaken by any of the following:

(a) a legal practitioner qualified in one of the States party to the EEA Agreement and having the place of business within the EEA, to the extent that the legal practitioner is entitled, within that State, to act as a representative in industrial property matters;

(b) professional representatives whose names appear on the list of professional representatives referred to in Article 120(1), point (b), of Regulation (EU) 2017/1001;

(c) professional representatives whose names appear on the special list of professional representatives for design matters referred to in paragraph 4.

The Office shall establish and maintain a special list of professional representatives in design matters. Any natural person who fulfils all the following conditions may be entered on that list:

(a) being a national of one of the States party to the EEA Agreement;

(b) having the place of business or employment in the EEA;

(c) being entitled to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or before the central industrial property office of a State party to the EEA Agreement.

Where the entitlement referred to in the first subparagraph, point (c), is not conditional upon the requirement of having special professional qualifications, a person applying to be entered on the list who acts in design matters before the Benelux Office for Intellectual Property or a central industrial property office shall have habitually so acted for at least five years.

However, persons whose professional qualification to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or a central industrial property office is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.

The Executive Director may grant an exemption from any of the following:

(a) the requirement set out in paragraph 4, first subparagraph, point (a), in the case of highly qualified professionals, provided that the requirements set out in paragraph 4, first subparagraph, points (b) and (c), are fulfilled;

(b) the requirement set out in paragraph 4, second subparagraph, if the person applying to be entered on the list furnishes proof that he or she has acquired the required qualification in another way.

Article 78a

Delegation of power regarding professional representation

The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying:

(a) the conditions and the procedure for the appointment of a common representative as referred to in Article 77(4);

(b) the conditions under which employees referred to in Article 77(3) and professional representatives referred to in Article 78(1) shall file with the Office a signed authorisation in order to undertake representation, and the content of that authorisation;

(c) the circumstances in which a person may be removed from the list of professional representatives in design matters referred to in Article 78(7).

TITLE IX

JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO  EU DESIGNS

Section 1

Jurisdiction and enforcement

Article 79

Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

In the case of proceedings in respect of the actions and claims referred to in Article 81 of this Regulation:

(a) Articles 4 and 6, Article 7, points 1, 2, 3 and 5, and Article 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council (⁶) shall not apply;

(b) Articles 25 and 26 of Regulation (EU) No 1215/2012 shall apply subject to the limitations set out in Article 82(4) of this Regulation;

(c) the provisions of Chapter II of Regulation (EU) No 1215/2012 which are applicable to persons domiciled in a Member State shall apply also to persons who do not have a domicile in any Member State but have an establishment therein.

Section 2

Disputes concerning the infringement and validity of  EU designs

Article 80

EU design courts

Article 81

Jurisdiction over infringement and validity

The  EU design courts courts shall have exclusive jurisdiction:

(a) for infringement actions and — if they are permitted under national law — actions in respect of threatened infringement of  EU designs;

(b) for actions for declaration of non-infringement of  EU designs, if they are permitted under national law;

(c) for actions for a declaration of invalidity of an unregistered  EU design;

(d) for counterclaims for a declaration of invalidity of a  EU design raised in connection with actions under (a).

Article 82

International jurisdiction

By way of derogation from paragraphs 1, 2 and 3 of this Article:

(a) Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a different EU design court is to have jurisdiction;

(b) Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU design court.

Article 83

Extent of jurisdiction on infringement

Article 84

Action or counterclaim for a declaration of invalidity of a  EU design

Article 85

Presumption of validity — defence as to the merits

Article 86

Judgments of invalidity

Where in proceedings before an EU design court, the EU design has been put in issue by way of a counterclaim for a declaration of invalidity:

(a) if any of the grounds mentioned in Article 25 are found to prejudice the maintenance of the EU design, the court shall declare the EU design invalid;

(b) if none of the grounds mentioned in Article 25 is found to prejudice the maintenance of the EU design, the court shall reject the counterclaim.

Article 87

Effects of the judgement on invalidity

When it has become final, a judgment of a  EU design court declaring a  EU design invalid shall have in all the Member States the effects specified in Article 26.

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  EU design courts of second instance — further appeal

Section 3

Other disputes concerning  EU designs

Article 93

Supplementary provisions on the jurisdiction of national courts other than EU design courts

Article 94

Obligation of the national court

A national court which is dealing with an action relating to a  EU design other than the actions referred to in Article 81 shall treat the design as valid. Articles 85(2) and 90(2) shall, however, apply mutatis mutandis.

TITLE X

EFFECTS ON THE LAWS OF THE MEMBER STATES

Article 95

Parallel actions on the basis of  EU 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

Application of Regulation (EU) 2017/1001

Unless otherwise provided for in this Title, Articles 142 to 146, Articles 148 to 158, Article 162, and Articles 165 to 177 of Regulation (EU) 2017/1001 shall apply to the Office with regard to its tasks under this Regulation.

Article 98

Language of proceedings

If the application was filed in a language which is not one of the languages of the Office, the Office shall arrange to have the application translated into the language indicated by the applicant.

The application for a declaration of invalidity shall be filed in the language of proceedings.

Where the language of proceedings is not the language used for filing the application for a registered  EU design, the right holder of the  EU design may file observations in the language of filing. The Office shall arrange to have those observations translated into the language of proceedings.

The implementing regulation may provide that the translation expenses to be borne by the Office may not, subject to a derogation granted by the Office where justified by the complexity of the case, exceed an amount to be fixed for each category of proceedings on the basis of the average size of statements of case received by the Office. Expenditure in excess of this amount may be allocated to the losing party in accordance with Article 70.

Without prejudice to paragraph 4:

(a) any application or declaration relating to an application for a registered EU design may be filed in the language used for filing the application for a registered EU design or in the second language indicated by the applicant in that application;

(b) any application or declaration relating to an application for a registered EU design other than an application for a declaration of invalidity pursuant to Article 52 or a declaration of surrender pursuant to Article 51 may be filed in one of the languages of the Office.

However, when any of the forms provided by the Office as referred to in Article 66d is used, such forms may be used in any of the official languages of the Union, provided that the form is completed in one of the languages of the Office, as far as textual elements are concerned.

Article 98a

Conferral of implementing powers regarding need and standards of translation

The Commission shall adopt implementing acts specifying:

(a) the extent to which supporting documents to be used in written proceedings before the Office may be filed in any official language of the Union, and the need to supply a translation;

(b) the requisite standards of translations to be filed with the Office.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 99

Publication and entries in the Register

Article 100

Supplementary powers of the Executive Director

In addition to the powers conferred upon the Executive Director by Article 157(4), point (o), of Regulation (EU) 2017/1001, the Executive Director shall exercise the powers conferred under Article 36(5), Article 37(1), Article 41(5), Article 42(2), Article 62(2), Article 65(5), Articles 66, 66c and 66e, Article 72(4), Article 72a(3), Article 73, Article 74a(1), Articles 74c and 78, Article 98(7), Article -106aa, Article -106ab(1) and Articles -106ac and -106ad of this Regulation in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.

Section 2

Procedures

Article 102

Competence

For taking decisions in connection with the procedures laid down in this Regulation, the following shall be competent:

(a) examiners;

(b) the Department in charge of the Register;

(c) Invalidity Divisions;

(d) Boards of Appeal.

Article 103

Examiners

The examiners shall be responsible for taking decisions on behalf of the Office in relation to an application for a registered EU design.

Article 104

The Department in charge of the Register

Article 105

Invalidity Divisions

Article 105a

Conferral of implementing powers regarding decisions taken by a single member

The Commission shall adopt implementing acts specifying the exact types of decisions that are to be taken by a single member as referred to in Article 105(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 109(2).

Article 106

Boards of Appeal

In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal shall be responsible for deciding on appeals against decisions of the instances of the Office referred to in Article 102, points (a), (b) and (c) of this Regulation, in connection with the procedures laid down in this Regulation.

Article -106a

Delegation of power regarding the Boards of Appeal

The Commission is empowered to adopt delegated acts in accordance with Article 109a of this Regulation to supplement it by specifying the details concerning the organisation of the Boards of Appeal in proceedings relating to designs under this Regulation where such proceedings require the Boards of Appeal to be organised differently from what is laid down in the delegated acts adopted pursuant to Article 168 of Regulation (EU) 2017/1001.

Section 3

Fees and their payment

Article -106aa

Fees and charges and due date

With the consent of the Budget Committee, the Executive Director may determine which of the services mentioned in the first subparagraph is not to be dependent upon the advance payment of the corresponding fees or charges.

Article -106ab

Payment of fees and charges

The methods of payment determined pursuant to the first subparagraph shall be published in the Official Journal of the Office. All payments shall be made in euro.

Article -106ac

Deemed date of payment

The Executive Director shall establish the date on which payments are to be considered to have been made.

Article -106ad

Insufficient payments and refund of excess payments

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

International applications pursuant to Article 4(1) of the Geneva Act shall be filed directly at the International Bureau.

Article 106c

Designation fees

The prescribed designation fees referred to in Article 7(1) of the Geneva Act are replaced by an individual designation fee.

Article 106d

Effects of international registration designating the European Community

Article 106e

Examination of grounds for refusal

Article 106f

Invalidation of the effects of an international registration

Article 106g

Renewals

The international registration shall be renewed directly at the International Bureau in compliance with Article 17 of the Geneva Act.

TITLE XII

FINAL PROVISIONS

Article 109

Committee Procedure

Article 109a

Exercise of the delegation

Article 110a

Provisions relating to the enlargement of the Community

Article 110b

Evaluation

Article 111

Entry into force

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

The fees to be paid to the Office under this Regulation shall be as follows (in EUR):

EUR 350.

EUR 62 per design.

EUR 40.

EUR 125.

EUR 20.

(a) for the first period of renewal: EUR 150 per design; (b) for the second period of renewal: EUR 250 per design; (c) for the third period of renewal: EUR 400 per design; (d) for the fourth period of renewal: EUR 700 per design.

(a) for the first period of renewal: EUR 62 per design; (b) for the second period of renewal: EUR 62 per design; (c) for the third period of renewal: EUR 62 per design; (d) for the fourth period of renewal: EUR 62 per design.

25 % of the renewal fee.

EUR 320.

EUR 400.

EUR 200.

(a) for a grant of a licence: EUR 200 per design; (b) for a transfer of a licence: EUR 200 per design; (c) for a creation of a right in rem: EUR 200 per design; (d) for a transfer of a right in rem: EUR 200 per design; (e) for a levy of execution: EUR 200 per design; up to a maximum of EUR 1 000 where multiple requests are submitted in the same application for registration of a licence or another right or at the same time.

EUR 200.

EUR 100.

EUR 720.