Registering a Community design
On the 12th December 2001 the Rule on Community designs and models has been approved, thereby permitting to register a design or a model in all the European Community.
The Rule provides for two types of design or model:
- UCDM (UNREGISTERED Community design or model)
- RCDM (REGISTERED Community design or model)
In order to be protected, both these must be new and particular, whilst it is not necessary to have any particular aesthetic value.
[The unregistered model ]
The UCDM are protected from their disclosure for 3 years, without any requirement for a deposit. The protection is in force since the 6th March 2002 and is valid for all the designs or models published in the European Union. It gives the owner the right to prevent duplication of copies of the model, such as being realized.
[The registered model]
Instead, the RCDM will be protected for a period of 5 years after their registration, renewable for further 4 times, to a maximum duration of 25 years. The owner of a registered design or model, besides guaranteeing the protection for a much longer period, has the advantage of being able to proceed against duplication of copies of the design or model, but also against the independent development of a similar design or model.
[The registration procedure]
The procedure of registration is convenient and can be filed in a single phase at the OHIM with effect in the entire Union. In addition to or alternatively, it is still possible filing national design or models and benefiting from their protection.
Even though this is a relatively simple procedure, it is still advisable to consult an expert in the field.
Rules: EC Council Regulation 6/2002 of the 12.12.2001