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REPORT (COM(2022)0666 – C90394/2022 – 2022/0391(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002

A-9-2023-0315

Committee on Legal Affairs · Rapporteur: Gilles Lebreton

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Parliament's amended version of the Commission proposal to amend Council Regulation (EC) No 6/2002 on Community designs and repeal Commission Regulation (EC) No 2246/2002. It updates design protection rules: clarifies visibility of design features, addresses 3D printing and artificial intelligence, and makes the repair clause permanent. It requires Member States to set up a 'one-stop shop' for applicants and makes electronic notification the primary means of communication. It raises fees: registration to EUR 350 and renewal fees to EUR 250, EUR 250, EUR 700 and EUR 1400 per design. It calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Committee position. The Committee on Legal Affairs broadly agrees with the Commission proposal but proposes around 20 amendments to bolster legal certainty, clarify the repair clause, remove certain powers from the Executive Director, and increase renewal fees.

Key points

  1. Parliament adopts its first-reading position on the Commission proposal to amend Regulation (EC) No 6/2002 and repeal Regulation (EC) No 2246/2002.
  2. Design features must be visible to benefit from protection, but need not be visible at all times or in a particular situation; component parts of a complex product must remain visible during normal use.
  3. Design protection must not hamper technological innovation or interoperability; features excluded for technical function or mechanical fittings are not considered when assessing other features.
  4. Creating, downloading, copying or making available any medium or software recording a design for reproducing an infringing product requires the right holder's authorisation.
  5. The repair clause becomes permanent and is placed among defences to EU design right infringement; it is limited to component parts of a complex product.
  6. EU design applications may only be filed at the Office; Member States must establish a 'one-stop shop' for guidance, legal and technical support.
  7. Member States' central industrial property offices and the Benelux Office must cooperate with each other and with the EUIPO on design registration and administration.
  8. Notification and communication should primarily be electronic; the Office must designate an official address for official communication.
  9. Fee amounts are set directly in the Regulation; they must ensure the Office's budget is balanced and have minimal impact on SMEs, with flexibility for inflation.
  10. The Office must communicate publicly and clearly about its tasks to raise awareness of EU design registration.
  11. A design is not deemed made available to the public if disclosed only under conditions of confidentiality; disclosure by abuse or copying of the protected design is covered.
  12. The Commission must evaluate the implementation of the Regulation after 60 months and every five years thereafter.

Who is affected

  • Designers and businesses, especially small and medium-sized enterprises, benefit from modernised protection and a 'one-stop shop'.
  • Holders of registered EU designs can prevent entry of infringing products in all customs situations and must be informed about 3D printing files.
  • Manufacturers and sellers of component parts must inform consumers about the manufacturer's identity to use the repair clause.
  • Member States must establish a 'one-stop shop' and ensure cooperation between their offices and the EUIPO.
  • The European Union Intellectual Property Office must communicate publicly, designate an official address, and set fees within specified limits.

Figures and deadlines

  • Registration fee: EUR 350.
  • First renewal period: EUR 250 per design.
  • Second renewal period: EUR 250 per design.
  • Third renewal period: EUR 700 per design.
  • Fourth renewal period: EUR 1400 per design.
  • Evaluation after 60 months after entry into force, and every five years thereafter.
  • Professional experience in design matters: at least five years.

Legal basis: Article 294(2) and Article 118(1) of the Treaty on the Functioning of the European Union.