Presentation on theme: "Workshop Design Filing Practice. Jean-Jacques Canonici Director and Patent Manager, Innovation EMEA Procter & Gamble Linda Liu Linda Liu & Partners Jakub."— Presentation transcript:
Jean-Jacques Canonici Director and Patent Manager, Innovation EMEA Procter & Gamble Linda Liu Linda Liu & Partners Jakub Pinkowski Head of Designs Service, OHIM Chair: Keith Howick Carpmaels & Ransford Chair of INTA ’ s Design Rights Sub-Committee
Community Design Registration Main problems Jakub Pinkowski Head of Designs Service, OHIM
Grounds for Non-Registrability Grounds for Non-Registrability (art. 47 CDR): 1. Not corresponding to the definition of a design (art. 3 CDR) “Design” means the appearance of the whole or part of a product resulting from its features… “Product” means any industrial or handicraft item… 2. Against public policy and accepted principles of morality
Filing date requirements Application for registration has to contain: Data of the applicant : name and contact details. The legal form does not affect filing date Representation suitable for reproduction according to article 4 (d)(e) CDIR or a specimen. Art. 4 (e) CDIR: - Good quality - Neutral background
public policy and accepted principles of morality Racist images or messages, Nazi symbols and obscene or immoral images are not acceptable Flags and religious symbols are acceptable provided they are used in a proper and decent way
Slide name All views must show the same product All views must show the same colour Only one view per electronic attachment (e-filing restriction) Views should not contain explanatory text, wording, numbers or symbols Detailed views of portions of the design should not be shown together with the design in the same view Set of articles & complex products must contain in the representation a global view of the design Typefaces must contain all the capital and small letters of the alphabet, Arabic numerals and a text of 5 lines written in that typeface Disclaimers are acceptable provided they are shown on the views
Complex product A complex product is a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product. At least one view must show the complete product. If the overall view is missing the applicant is requested to divide the design into separate designs for each component part and pay the corresponding fees.
Sect of articles A set of articles is accepted as one design, provided the articles making up the set are linked by aesthetic and functional complementarity and are, in normal circumstances, sold altogether as one single product. It should be clear that the protection is sought for a design resulting from the combination of the articles. At least one view must show the set of articles together. If the overall view is missing the applicant is requested to divide the design into separate designs for each component part and pay the corresponding fees.
COUNCIL REGULATION (EC) No 6/2002 of 12 December 2001 on Community designs Article 4 Requirements for protection 1. A design shall be protected by a Community design to the extent that it is new and has individual character. 2. 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. 3. "Normal use" within the meaning of paragraph (2)(a) shall mean use by the end user, excluding maintenance, servicing or repair work.
Name of owner:The Procter & Gamble Company Filing Dates: 17/12/2007 Locarno class: 9.03 Indication of product: Containers RCD 000844022-0001-0017 Name of owner: The Procter & Gamble Company Filing Dates: 17/12/2007 Locarno class: 9.03 Indication of product: Containers (part of)
Art. 37 CDR More than one design is allowed in an application, provided the products are in the same Locarno class (exception: designs “ornamentation” class 32-00) RCD 001057756-0002 INDP footwear – class 02-04 RCD 001057756-0008 INDP ornamentation – class 32