On the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
A-9-2023-0317
Committee on Legal Affairs · Rapporteur: Gilles Lebreton
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's amended version of the Commission proposal for a directive on the legal protection of designs (recast) updates the rules on design protection, including repair and invalidity procedures.¶¶¶ It adds references to legal certainty, artificial intelligence and 3D printing, and clarifies that designs with a technical function are not excluded from protection.¶¶¶ It introduces a repair clause for component parts of complex products, with conditions on informing consumers about the manufacturer's identity.¶¶¶ It changes the administrative invalidity procedure from mandatory to optional for member states, and allows continued protection for existing designs for at least three years.¶¶
Committee position. The Committee on Legal Affairs adopts Parliament's position at first reading with amendments to the Commission proposal, generally favouring the proposal while enhancing legal certainty and reiterating Parliament's previous positions.¶¶¶
Key points
- The amended text updates Directive 98/71/EC to reflect developments in information technology and artificial intelligence, and to simplify and make the design protection system more accessible and efficient.¶¶
- It states that design features need to be visible to benefit from protection, but not at any particular time or in a particular situation, and excludes non-visible component parts of complex products.¶
- It requires accurate product indications to facilitate search and increase transparency of registers, without undue administrative burden or additional costs for applicants.¶
- It clarifies that designs with a technical function are not excluded from design protection, and that protection should not be hampered by granting protection to designs dictated solely by a technical function.¶¶
- It provides that the creation, downloading, copying and making available of any medium or software recording the design for reproducing an infringing product amounts to use requiring the right holder's authorisation.¶
- It entitles the holder of a registered design right to prevent third parties from bringing infringing products from third countries into the member state where the design is registered, without releasing them for free circulation.¶
- It introduces a repair clause making design rights unenforceable where a component part of a complex product is used for repair to restore its original appearance, and places this clause among defences to infringement.¶
- It requires manufacturers or sellers of component parts to inform consumers about the identity of the manufacturer of the product to be used for repair, including name, geographical address, and where appropriate telephone number or email address.¶
- It allows member states to continue protecting designs for which registration was applied before the entry into force of the directive, for at least three years, unless a shorter period is chosen.¶
- It changes the administrative procedure for declaring invalidity of a registered design right from mandatory to optional for member states.¶
- It allows the holder of a registered design right to display the letter R in a circle on the product, accompanied by the registration number or hyperlink, and states that misuse may lead to legal proceedings.¶
Who is affected
- Member states, which may choose to provide administrative invalidity procedures and continued protection for existing designs.¶¶
- Design right holders, who gain rights against infringing products in transit and may display a registration notice.¶¶
- Manufacturers and sellers of component parts, who must inform consumers about the manufacturer's identity to invoke the repair clause.¶
- Small and medium-sized enterprises, for whom the system should be more accessible.¶
Figures and deadlines
- 10 years from the date of entry into force of the directive, the maximum duration of continued protection for existing designs under the derogation.¶
- at least three years, the minimum period for which member states may continue to provide protection for designs registered before entry into force.
- maximum 25 years, the legal life of a design right mentioned in the explanatory statement.¶
- 5 to 10 years, the typical duration for which designs are often protected, mentioned in the explanatory statement.
Legal basis: Article 294(2) and Article 114(1) of the Treaty on the Functioning of the European Union¶