Brussels, 23/10/2002 (Agence Europe) - On 22 October, the European Commission finalised a Regulation allowing the EU's Office for Harmonisation in the Internal Market (OHIM) to begin registering Community designs and models early 2003. This allows implementation of the Regulation on Community designs and models adopted by the Council in December 2001 and gives the OHMI the administrative instruments it needs to apply the necessary procedures, for example, the registration and cancellation of designs, as well as appeals. Community Design registration will offer companies EU-wide protection with a single application. Nonetheless, companies will, if they prefer, continue to have the option of registering designs under national law, as harmonised by Directive 98/71/EC.
The Council Regulation of 12 December 2001 sets in place a simple and inexpensive procedure for the registration of designs with the OHMI, based in Alicante (Spain). Those registering designs will be granted exclusive rights to use the design concerned and to prevent any third party from using it anywhere within the European Union for up to 25 years. The Council Regulation also provided that designs meeting the Regulation's requirements can also benefit from protection from deliberate copying even without prior registration with the Office (Unregistered Community Designs).
The provisions of the implementing Regulation formally adopted by the Commission on Tuesday have been aligned as far as possible with the equivalent Commission Regulation on implementing the Community Trademark, so as to ensure that the registration procedures dealt with by the OHIM are as coherent and convenient as possible for future clients of the system. Before the OHIM can begin to register designs it has to fix the fees.
The Commission is already discussing its draft Regulation on this issue with the same committee of senior national officials. The date from which the OHIM will accept the first applications for registering Community Designs will be set in November 2002, at the next meeting of its Administrative Board. The Commission considers the OHMI will be able to receive the first pre-applications early 2003, with the first official registrations taking effect from April 2003.