In accordance with the agreement of the council of ministers of 23 february 2021 for improving the process of negotiation and mainstreaming the right of the european union to the domestic legal order, it proceeded to see the proposal for a european parliament and council directive on the legal protection of designs (recast) and the proposal of the european parliament and council regulation amending council regulation (EC) no. 6/2002 of the council, on designs, and repealing Regulation (EC) no. 2246/2002 of the commission.

The rights on the industrial designs and protect the appearance of a product. To promote innovation and creation of new designs and models of products in the digital era, it is increasingly necessary for the legal protection of human on designs and models accessible, having the prospect of future and be effective and coherent manner.

The system of protection of industrial designs in europe has more than twenty years old. In directive 98/71/Ec of 13 october 1998 (hereinafter "the Directive '), partially adapted the legislation of member states in the field of industrial designs. Together with national systems for the protection of designs and models in regulation (EC) no. 6/2002 of 12 december 2001, (hereinafter" the regulation') was established an autonomous system of protection of rights effective unit the same effects throughout the eu. The Regulation has only been modified once, in 2006, to give effect to the eu's accession to the international registration system in the hague.

Considered together as a package in the framework of the adequacy and effectiveness of regulation (REFIT), the main common objective of this initiative and the parallel proposal to amend the regulation is to promote excellence, innovation and competitiveness of designs in the eu. This must be done to ensure that the system of protection of designs and models appropriate for the purposes intended in the digital era and much more accessible and efficient for the individual authors, smes and the industries with high dependence on designs and models to be cost and complexity, greater speed, and more predictability and legal certainty.

More specifically, this initiative of the recast directive responds to the following objectives:

1. Modernizing and improving the existing provisions of the directive, by modifying the obsolete provisions, increasing the legal certainty and clarity to the rights in scope and constraints;
2. Greater approximation of laws and procedures on designs and models to strengthen the interoperability and complementarity with the system of designs, adding new substantive rules and introducing in the Directive main rules of procedure in accordance with the provisions of the rules of procedure;
3. Achieving the realization of the single market in spare parts for repairs through the introduction of a repair clause in the directive, similar to that already contained in the rules of procedure.

For its part, the proposal for a regulation responds to the following objectives.

1. Modernizing and improving the existing system, by modifying the obsolete provisions, increasing the legal certainty and clarity to the rights in scope and constraints;
2. Improving accessibility, efficiency and affordability of the protection of the RCUS, simplify and streamline procedures, and adjusting and improving the level and structure of fees to be paid.

Will only be considered the comments in which the sender is identified.

In general the replies shall be regarded as non-confidential and, consequently, broadcasting. The parts of the information you want to be considered as confidential shall be specifically identified and delimited in the text itself, motivating the reasons for such qualification.

Propuesta de Directiva [PDF] [476.27 KB]

Propuesta de Reglamento [PDF] [724.47 KB]