In the intellectual property context, the "design" of a product generally refers to its shape or the ornamentation applied to it, although the precise definition varies according to the type of protection. Essentially, the design of a product relates to its appearance rather than to the structure of the product or the technical principles of its operation.
What is a registered EU design?
A registered common design confers a "monopoly" right, i.e. the right to prevent anyone else from using the registered design, whether or not they have copied it.
A registered common design confers on its owner the exclusive right to make, use, sell, import and export in the EU any product of that design which embodies the design if the design is a shape or carries the design if the design is decorative.
These rights extend to similar designs that do not create a materially different impression on an informed user.
The owner may bring an action against any third party who has exercised any of the owner's exclusive rights within the EU without the owner's permission, even if the design they use is their own independent creation and not a copy.
How do I get a registered EU design?
To obtain the registration of a design in the European Union, a formal application must be submitted to the European Union Intellectual Property Office (formerly known as OHIM) in Alicante, Spain.
What protections are available through registration?
A design may be the design of the whole or part of a product, including its interior, and may be derived from the lines, contours, colors, shapes, textures, materials or decorations of the product.
The product can even be a graphic symbol, such as a computer icon or printed font.
The design of the subject of a registration application must meet two criteria. It must be: new; and personalized.
Both standards will be judged by reference to the respective designs that have been made available to the public prior to the effective filing date of the application.
The design may be made intelligible by publication, use or any other means.
grace period
An important exception to the above requirement is that prior disclosures made by the designer of a design, or the consequences of disclosures made by the designer, during the 12 months prior to the date of the application cannot be used to determine novelty or characterization.
However, such disclosure could prevent further registration of the design in a separate country, particularly outside the EU, as many countries around the world do not allow such a grace period or only allow a shorter period.
The requirement does not preclude disclosures made independently of the designer during this period, so where possible, applications should be submitted before the design is disclosed.
Security Clause
Another exception to the above requirement is that prior disclosures that cannot be known in the relevant business sector in the European Economic Area (EEA) before the effective date of the application will not be considered.
Novelty
For a design to be new, it must be distinguished from its predecessor by more than non-substantive details.
personality trait
A design has to be so personalized that it creates an overall impression on the informed user that is different from the previous design. In many cases, the informed user may be the end user of the product.
In areas where the designer enjoys less freedom of design, the difference between a registrable design and a prior design may not be as great as it would be if the designer enjoyed full freedom of design. This is also reflected in the right to infringement of design arising from registration.
Laminating products and spare parts
A composite product is defined as a product whose composition consists of two or more interchangeable constituent parts that allow the product to be disassembled and reassembled.
The design of the constituent parts of a laminated product can be registered only if the constituent parts are visible during the ordinary use of the product.
In addition, the repair of a laminated product to restore its original appearance through the use of a constituent part does not infringe the design rights registered for the design of the constituent part.
Excluded features and design
A design registration does not protect design features that are determined solely by the technical function of the product, nor does it protect features that are necessary in order for the product to be connected to, or placed in, out of, or on top of another product, so that both products can fulfill their functions.
However, it is also possible to register a design whose purpose is to allow the assembly of a modular product.
It is not permitted to register designs that contain protected marks, including, for example, the Olympic logo, the royal coat of arms and the national flag.
Registration Period
If authorized, registration is renewed for 25 years, but this must be renewed (by payment of a fee) on a quinquennial basis.
Priority
The filing of an EU design creates a "priority date" which, if the EU design application is the first filing of the design, can be claimed within six months of the EU filing date in favor of a corresponding design application filed elsewhere.
Information Required for Application
Pictures or photographs showing all the features of the design are required. As an alternative, if samples or models are available, drawings or photographs can be prepared from them. The number of views that can be submitted for a three-dimensional design is seven.
Still need:
the full name, address and nationality of the applicant (this can be an individual or a company); and
The description or common name of the item to which the design is intended to apply (if this is not obvious);
Full details of any application wishing to claim priority.
It could also include a reference to the designer or designers, or that they have waived their right to be named, but this is not mandatory.
Optionally, a brief description of the design may be included in the application.
Registration and publication fees, and/or late publication fees must be paid at the time of submitting an application.
If priority is claimed, a certified copy of the earliest application must be filed within three months of the application, or within another period set by the Crown at a later date. It is more cost effective to submit the priority document with the application.
Delay in announcement
A European Union design is normally published as soon as it is registered, but such publication may be delayed for up to 30 months from the date of application or the date of claimed priority. The result is that the application and the design are not made public, although the usual place of publication mentions that publication has been delayed. The delay requires a fee to be paid for the application and a publication fee to be paid before the design is published. The fee is therefore payable at the latest three months before the end of the 30 months from the date of the application (or priority date).
During the period of delayed publication, registration rights cannot be exercised against third parties unless they have been notified of the registration.
Multiple applications
Applications containing more than one design may be submitted, provided that all articles to which the designs are intended to be applied belong to the same category of the Locarno Design Classification, which has a reasonably broad heading.
The advantage of submitting multiple applications of this type over a single application is the reduction of fees.
Each of the designs in the multiple applications is a separate piece of property and thus can be licensed and transferred separately.
scrutiny
The application will be reviewed on formal grounds only and there will be no prior design search.
Once the review is complete, the design is registered and published. This can usually be accomplished within a few weeks if all formal requirements are met at the time of submission.
No effect
The Ordinance allows an application for declaration of invalidity to be made after registration of a design on the basis of a prior right alleging lack of novelty or distinctive character. The application must be made by the holder of the prior right.
sample
A registered application for a common design can be submitted using a two-dimensional design sample instead of a traditional drawing.
If the design is a repeating pattern, the entire repeating pattern must be shown on the sample.
This method is generally used in the exterior design of fabric or wallpaper.
The sample must not exceed 26.2 cm x 17 cm in size, 50 grams in weight or 3 millimeters in thickness.
For each design, we need to submit five samples.
EN 
ZH_TW 
ZH