Registered/unregistered community design
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REGISTERED |
UNREGISTERED |
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| Protectable designs | Bi- and tri-dimensional industrial and handicraft products and their visible parts, packaging, get-up, graphic symbols and typographic typefaces fulfilling the requirements of novelty and individual character. | |
| Rights conferred | The holder of the registered design right has the exclusive right to prevent its unauthorised use, regardless of whether the contested use results from an independent work of creation. | The author of the design has the exclusive right to prevent its unauthorised use only if the contested use results from copying the protected design – therefore, not if it results from an independent work of creation of a designer who may reasonably be thought not to be aware of the protected design. |
| Term of protection | 5 years from filing, renewable up to a maximum of 25 years. | 3 years, not renewable, from the date on which the design is first made available to the public within the European Union. |
| Cost | Registration fees are 350 euro for the first design, with lower fees for additional designs in case of multiple registrations. This does not include professional fees. | No cost. |
| Grace period | Disclosure of a design during the 12 months prior to filing will not prejudice the design’s novelty or individual character, as long as the disclosure was made by the author or with his consent. | |
| Prior Use | A right of prior use is recognised for third parties who before the application or priority date have in good faith prepared to start, or started, use within the Community of a design falling within the scope of protection of a registered Community design. |
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