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European Registered Community Design
South African exporters should take note of the European Registered Community Design requirements and regulations.
A Registered Community Design provides protection for a design in member countries of the European Union.
The member countries include:
- Estonia
- Portugal
- Slovakia
- UK
- Germany
- France
- Slovenia
- Finland
- Malta
- Poland
- Greece
- Italy
- Latvia
- Estonia
- Lithuania
- Sweden
- Spain
- Ireland
- Cyprus
- Belgium
- Austria
- Bulgaria
- Czech Republic
- Luxembourg
A South African design priority can be claimed within six months of application filing since South Africa is a member of the Paris Convention of which the European Community is also a member.
The Registered Community Design requirements include that the design must be original and must be new. If there is a similar or identical design which has been known to the public before the filing of application date, then the design cannot be valid, also when a priority is filed by another person.
There are two types obtainable namely:
- Registered Community Designs
- Unregistered Community Designs
To determine whether the design is unique an assessment is made about the overall impression it creates on an informed user. If the impression on the user differs from any design previously released to the public, it will pass the assessment.
The appearance of the whole article is taken into consideration including lines, patterns, shape, materials, contours and texture of the article and or the ornamentation thereof. The aesthetic merit of the article is not taken into consideration.
The article can be handicraft or industrial or can be a part intended for use in a more complex product or packaging, typeface or graphical symbol. It should be noted that there is usage in particular computer programs which is excluded from the definition of a design.
Contact us today if you want more information or need assistance with the Registered Community Design.
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