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ERIC POTTER CLARKSON LICENSING EXECUTIVES SOCIETY BRITAIN AND IRELAND Tuesday 11 November 2003.

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Presentation on theme: "ERIC POTTER CLARKSON LICENSING EXECUTIVES SOCIETY BRITAIN AND IRELAND Tuesday 11 November 2003."— Presentation transcript:

1 ERIC POTTER CLARKSON LICENSING EXECUTIVES SOCIETY BRITAIN AND IRELAND Tuesday 11 November 2003

2 ERIC POTTER CLARKSON The Community Registered Design The First Six Months John Peacock and Helen Johnstone Eric Potter Clarkson

3 ERIC POTTER CLARKSON Overview of EU Registered Design System Mechanics of filing Unregistered EU Designs

4 ERIC POTTER CLARKSON Overview of EU Registered Design System

5 ERIC POTTER CLARKSON Came into force 1 April 2003 Single registration of a unitary right to cover EU Low cost Quick registration New opportunities Applies to any product e.g. goods, packaging, get up Basic Facts

6 ERIC POTTER CLARKSON One off cost Less than cost of 2 national registrations Cost

7 ERIC POTTER CLARKSON Approximate Costs 

8 ERIC POTTER CLARKSON Now commercially viable to register designs throughout EU Mechanism to assist trade mark registration New Opportunities

9 ERIC POTTER CLARKSON Can be used to protect trade marks and also those which are otherwise unregisterable prima facie provided trade mark comprises –3D object –2D representation of 3D object –design eg. label, pack design, logo –colour combinations –others Relevance to Trade Marks

10 ERIC POTTER CLARKSON Examples Of Trademarks That Could Be Protected

11 ERIC POTTER CLARKSON

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13 Details of the Community Registered Design

14 ERIC POTTER CLARKSON Patterns Shapes Ornamentation Texture Designs Logos Type faces Colours What is registrable?

15 ERIC POTTER CLARKSON Features dictated solely by technical function Must fit Not visible during normal use Exceptions

16 ERIC POTTER CLARKSON Designs applied to or incorporated in a product which constitutes a component part of a modular system are registrable BUT

17 ERIC POTTER CLARKSON Not limited to product to which design is applied No substantive Examination Can defer publication for up to 30 months Grace period Can file multiple applications Other Points

18 ERIC POTTER CLARKSON No identical design made available to public within the EEA New Definitions

19 ERIC POTTER CLARKSON Different overall impression Individual Character Definitions

20 ERIC POTTER CLARKSON OHIM Central Industrial Property Office of a Member State Application for a Registered Community Design - Where?

21 ERIC POTTER CLARKSON Drawings, photographs If 2 Dimensional Design and deferred publication requested specimen may be used in filing Representations

22 ERIC POTTER CLARKSON Identify classification Identify designer(s) Other Requirements

23 ERIC POTTER CLARKSON All within one class except cases of ornamentation May be dealt with separately Multiple Applications

24 ERIC POTTER CLARKSON Does not correspond to definition under Article 3(a) i.e. not a design Contrary to public policy or morality Examination - Grounds for Non-registrability

25 ERIC POTTER CLARKSON ‘Design’ means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, containers, colours, shape, texture and/or materials of the product itself and/or its ornamentation. Article 3(a)

26 ERIC POTTER CLARKSON Published on registration unless deferred publication requested on filing Renewable for 4 x 5 year periods - total of 25 years Registration & Renewal

27 ERIC POTTER CLARKSON Counter claim in infringement proceedings Application for a declaration of invalidity Invalidity

28 ERIC POTTER CLARKSON Does not correspond to the definition under Article 3(a) Does not fulfill the requirements of Articles 4 to 9 Right holder not entitled Earlier right in a Member State Unauthorised distinctive sign Breaches copyright in Member State In breach of Article 6 ter of Paris Convention Grounds

29 ERIC POTTER CLARKSON Mechanics of Filing

30 ERIC POTTER CLARKSON confirmation copy received Confirmation copy (within 1 month) Date of receiving deemed to be date of fax 01/05/200329/05/200301/05/2003 Filing date of application Application/representation sent by fax First case RCD application by fax

31 ERIC POTTER CLARKSON Confirmation copy is received Confirmation copy (within 1 month) RCD application by fax Fax was illegible or of poor quality 01/05/200329/05/2003 Filing date = date of receipt of confirmation copy Second case Application/representation sent by fax

32 ERIC POTTER CLARKSON No confirmation copy is received Confirmation copy (within 1 month) RCD application by fax Receipt of original within 2 months Notification of deficiency (2 months) 01/05/200302/06/200330/07/2003 Date of filing Third case Application/representation sent by fax

33 ERIC POTTER CLARKSON No confirmation copy is received Confirmation copy within 1 month RCD application by fax Receipt of original (over 2 months) Notification of deficiency (2 months) 01/05/200302/06/200330/08/2003 No date of filing Fourth case Application/representation sent by fax

34 ERIC POTTER CLARKSON A graphic or photographic reproduction of the design in black and white or colour – maximum of 7 views only Reproduced or pasted on white, opaque A4 paper (only one copy) It should clearly show the details of the design for which protection is sought. (Art 4 (1) IR) Representation of design

35 ERIC POTTER CLARKSON Representation of the design - poor quality

36 ERIC POTTER CLARKSON Representation of the design - poor quality

37 ERIC POTTER CLARKSON Example of representation

38 ERIC POTTER CLARKSON Casio Computer Company Filed, registered and published on 01/04/2003 First RCDs published

39 ERIC POTTER CLARKSON DaimlerChrysler AG Filed, registered and published on 01/04/2003 First RCDs published

40 ERIC POTTER CLARKSON Design 989-4, registered for Intel Corporation Design , registered for AUTOBAR PACKAGING SPAIN, S.A. Barbera del Valles First RCDs published

41 ERIC POTTER CLARKSON Design , registered for Shimano Inc., OSAKA Design , registered for ASTRA GAMES LTD. First RCDs published

42 ERIC POTTER CLARKSON Indication of products should be worded to allow classification according to the Locarno Agreement The products should preferably be identified by using terms appearing in the list of products of the classification The Office has prepared such a list of products in the 11 EU languages and can now be searched online (the “EUROLOCARNO” list) Products/Classification

43 ERIC POTTER CLARKSON A multiple application

44 ERIC POTTER CLARKSON Multiple Registration, designs to 5, registered for Cristina Muls Delassue & Cristina Valls-Taverner Muls Published multiple application

45 ERIC POTTER CLARKSON Not a multiple application

46 ERIC POTTER CLARKSON use EuroLocarno whenever possible for your indication of product indicate in the application whether priority will be claimed or not be flexible on elements which do not influence scope of protection (product, class) send confirmation copy a.s.a.p. if fax filing How to speed up your registrations

47 ERIC POTTER CLARKSON Community Unregistered Design Right

48 ERIC POTTER CLARKSON Must be new Have individual character

49 ERIC POTTER CLARKSON In force from 6 March 2002 Applies to products first made available to public in EEA on or after 6 March 2002

50 ERIC POTTER CLARKSON Short term - 3 years from date of publication Less legal certainty Can only be used to prevent copying

51 ERIC POTTER CLARKSON Summary Register design in the EU –Cheap –Quick registration (2-3 months) –Gives protection for up to 25 years New opportunities Do not rely on unregistered design right protection


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