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

The applicant must indicate a second language which shall be a language of the Office the use of which he accepts as a possible language of proceedings before the Office.

Where the applicant for a registered  EU design is the sole party to proceedings before the Office, the language of proceedings shall be the language used for filing the application. If the application was made in a language other then the languages of the Office, the Office may send written communications to the applicant in the second language indicated by the applicant in his application.

In the case of invalidity proceedings, the language of proceedings shall be the language used for filing the application for a registered  EU design if this is one of the languages of the Office. If the application was made in a language other than the languages of the Office, the language of proceedings shall be the second language indicated in the application.

Parties to invalidity proceedings may agree that a different official language of the  Union is to be the language of the proceedings.

Without prejudice to paragraphs 3 and 5 and unless provided for otherwise, in written proceedings before the Office a party may use any language of the Office. If the language chosen is not the language of the proceedings, the party shall supply a translation into that language within one month of the date of the submission of the original document. Where the applicant for a registered EU design is the sole party to proceedings before the Office and the language used for the filing of the application for the registered EU design is not one of the languages of the Office, the translation may also be filed in the second language indicated by the applicant in the application.

The Executive Director shall determine the manner in which translations are to be certified.

All information the publication of which is prescribed by this Regulation or an act adopted pursuant to this Regulation shall be published in all the official languages of the Union.

All entries in the Register shall be made in all the official languages of the Union.

In cases of doubt, the text in the language of the Office in which the application for the registered EU design was filed shall be authentic. If the application was filed in an official language of the Union other than one of the languages of the Office, the text in the second language indicated by the applicant shall be authentic.

In addition to the powers conferred upon it by Regulation (EU) 2017/1001, the Department in charge of the Register shall be responsible for taking decisions in respect of entries in the Register under this Regulation and other decisions required by this Regulation which do not fall within the competence of the examiners or an Invalidity Division.

The Department in charge of the Register shall also be responsible for maintaining the list of professional representatives in design matters.

An Invalidity Division shall be responsible for taking decisions in relation to applications for declarations of invalidity of registered  EU designs.

An Invalidity Division shall consist of three members. At least one of the members must be legally qualified.

Decisions relating to costs or to procedures shall be taken by a single member of the Invalidity Division.

The Executive Director shall lay down the amount to be charged for any services rendered by the Office other than those set out in the Annex, as well as the amount to be charged for publications issued by the Office. The amounts of charges shall be set in euro and shall be published in the Official Journal of the Office. The amount of each charge shall not exceed what is necessary to cover the costs of the specific service rendered by the Office.

Fees and charges in respect of which the due date is not specified in this Regulation shall be due on the date of receipt of the request for the service for which the fee or the charge is incurred.

Fees and charges due to the Office shall be paid by the methods of payment determined by the Executive Director with the consent of the Budget Committee.

Payments through means of payment other than those referred to in paragraph 1 shall be considered not to have been made and the amount which has been paid shall be refunded.

Payments shall contain the necessary information to enable the Office to establish immediately the purpose of the payment.

If the purpose of the payment referred to in paragraph 2 cannot immediately be established, the Office shall require the person making the payment to notify it in writing of that purpose within a certain period. If the person does not comply with the request within that period, the payment shall be considered not to have been made and the amount which has been paid shall be refunded.

A time limit for payment shall be considered to have been observed only if the full amount of the fee or charge has been paid in due time. If the fee or charge is not paid in full, the amount which has been paid shall be refunded after the period for payment has expired.

The Office shall, however, in so far as is possible within the time remaining before the end of the period for payment, give the person making the payment the opportunity to pay the amount lacking.

With the consent of the Budget Committee, the Executive Director may waive action for the enforced recovery of any sum due where the sum to be recovered is minimal or where such recovery is too uncertain.

Where an excessive sum is paid to cover a fee or a charge, the excess shall be refunded.

Unless otherwise specified in this title, this Regulation and any Regulations implementing this Regulation adopted pursuant to Article 109 shall apply, mutatis mutandis, to registrations of industrial designs in the international register maintained by the International Bureau of the World Intellectual Property Organisation (hereinafter referred to as ‘international registration’ and ‘the International Bureau’) designating the  Union, under the Geneva Act.

Any recording of an international registration designating the  Union in the International Register shall have the same effect as if it had been made in the register of  EU designs of the Office, and any publication of an international registration designating the  Union in the Bulletin of the International Bureau shall have the same effect as if it had been published in the  EU designs Bulletin.

An international registration designating the  Union shall, from the date of its registration referred to in Article 10(2) of the Geneva Act, have the same effect as an application for a registered  EU design.

If no refusal has been notified or if any such refusal has been withdrawn, the international registration of a design designating the  Union shall, from the date referred to in paragraph 1, have the same effect as the registration of a design as a registered  EU design.

The Office shall provide information on international registrations referred to in paragraph 2 in the form of an electronic link to the searchable database of international registrations of designs maintained by the International Bureau.

Where the Office finds, in the course of carrying out an examination of an international registration, that the design for which protection is sought does not correspond to the definition in Article 3, point (1), of this Regulation, that the design is contrary to public policy or to accepted principles of morality, or that the design constitutes an improper use of any of the items listed in Article 6ter of the Paris Convention, or of badges, emblems and escutcheons other than those covered by the said Article 6ter and which are of particular public interest in a Member State, it shall send to the International Bureau a notification of refusal not later than six months from the date of publication of the international registration, specifying the grounds for refusal pursuant to Article 12(2) of the Geneva Act.

Where the holder of the international registration is obliged to be represented before the Office pursuant to Article 77(2), the notification referred to in paragraph 1 of this Article shall contain a reference to the obligation of the holder to appoint a representative as referred to in Article 78(1).

The Office shall specify a time limit by which the holder of the international registration may renounce the international registration in respect of the Union, limit the international registration in respect of the Union to one or some of the industrial designs or submit observations, and, where appropriate, shall appoint a representative. The period shall start on the day on which the Office issues the notification of refusal.

If the holder fails to appoint a representative within the period referred to in paragraph 3, the Office shall refuse the effects of the international registration.

Where the holder submits observations that satisfy the Office within the specified period, the Office shall withdraw the refusal and notify the International Bureau in accordance with Article 12(4) of the Geneva Act. Where, pursuant to Article 12(2) of the Geneva Act, the holder does not submit observations that satisfy the Office within the specified period, the Office shall confirm the decision refusing protection for the international registration. That decision shall be subject to appeal in accordance with Articles 66 to 72 of Regulation (EU) 2017/1001 in conjunction with Article 55(2) of this Regulation.

Where the holder renounces the international registration or limits the international registration to one or some of the industrial designs in respect of the Union, the holder shall inform the International Bureau by way of the recording procedure in accordance with Article 16(1), points (iv) and (v), of the Geneva Act.

The effects of an international registration in the Community may be declared invalid partly or in whole in accordance with the procedure in Titles VI and VII or by a  EU design court court on the basis of a counterclaim in infringement proceedings.

Where the Office is aware of the invalidation, it shall notify it to the International Bureau.

The Commission shall be assisted by the Committee on Implementation Rules established by Regulation (EU) 2017/1001. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a and -106a shall be conferred on the Commission for an indeterminate period of time from 8 December 2024.

The delegation of power referred to in Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a and -106a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Before adopting a delegated act, the Commission shall carry out consultations with experts, including experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a or -106a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

As of the date of accession of Bulgaria, the Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as ‘new Member State(s)’), a  EU design protected or applied for pursuant to this Regulation before their respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the  Union.

The application for a registered  EU design may not be refused on the basis of any of the grounds for non-registrability listed in Article 47(1), if these grounds became applicable merely because of the accession of a new Member State.

A EU design as referred to in paragraph 1 may not be declared invalid pursuant to Article 25(1) if the grounds for invalidity became applicable merely because of the accession of a new Member State.

The applicant or the holder of an earlier right in a new Member State may oppose the use of a  EU design falling under Article 25(1)(d), (e) or (f) within the territory where the earlier right is protected. For the purpose of this provision, ‘earlier right’ means a right acquired or applied for in good faith before accession.

Paragraphs 1, 3 and 4 above shall also apply to unregistered  EU designs.  —————

By 1 January 2030, and every five years thereafter, the Commission shall evaluate the implementation of this Regulation.

The Commission shall forward the evaluation report together with its conclusions drawn on the basis of that report to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.

This Regulation shall enter into force on the 60th day following its publication in the Official Journal of the European Communities.

Applications for registered EU designs may be filed at the Office from 1 April 2003.

Applications for registered  EU designs filed within three months before the date referred to in paragraph 2 shall be deemed to have been filed on that date.