SONN Patentanwälte – IP Attorneys

EU-wide Design Registration as of April 1, 2003

As of April 1, 2003 it is possible to have registered so-called EU- or Community Designs, which will – in analogy to the Community Trademark – enjoy protection in all EU-member states. Applications for such Community Designs are accepted by the EU-Trademarks and Design Office already since January 2003; for such early applications April 1, 2003 will be the official application day.

An EU-Design application offers the economical possibility of a unified EU-wide design protection; contrary to the so-called international designs, through which protection for separate countries is obtained. We are prepared to indicate the exact application cost upon request.

The duration of protection of this registered EU-Design is five years and can be prolongated for four times; i.e. the longest possible duration of protection is 25 years from the application day.

As usual, the designs have to be new at the time of their filing and show an esthetic characteristic in comparison with the relevant designs already known. It is of course possible to claim the priority of a prior application (term: 6 months); own publication within 12 months prior to application (priority day, respectively) does also not destroy the novelty (novelty grace period).

For the application of the design, one or more photographic or other graphic representations showing the design completely are required.

The EU-Design will be examined by the Office only for formality requirements; an examination as to the novelty or eventually existing prior rights will not be carried out. The Office strives to effect registration relatively quickly, namely within three months, or alternatively issue an official letter within that term.

For further information, we are at your disposal.

EU-wide protection of non-registered designs

The EU-Regulation introducing the registered EU-Design also created a protection for unregistered designs. It is in force since March 2002. It is given automatically, i.e. without formal requirements, such as copyright protection in Austria. Like copyright protection, it gives protection only against imitators who copy provably. Its duration of protection is only 3 years as of the first public exhibition of the design in an EU-member state. Of course novelty and specific new characteristics must exist.