Module 9 Flashcards
In the 80s, how many cases were decided in which a harmonized national design rights were used to prevent the import of goods lawfully produced in one member state into another member state
.The European Court of Justice decided the 3 Cases.
What was the basis for the creation of harmonized laws?
Directive 90871
Which regulation created design right at EU-level?
Regulation 6/2002
Which body accepts registration applications at the EU-level?
The EUIPO in Alicante.
At the national level, which body does register design?
National property offices
Do you think that there is a need for Informal Design protection?
Yes. Because of some branches producing short life cycle products. Example - products of fashion, clothing, etc.
In Europe, how is an informal design protected at the regional level?
It is protected in the form of UCDR (Unregistered Community Design Rights).
In the UK, how is an informal design protected at the National level?
In the form of UKUDR (UK Unregistered Design Rights).
As per UCDR, what is the duration for which the rights associated with an informal design last?
They last for 3 years.
Is disclosure of Design necessary as per UCDR?
To have access to informal design protection, the disclosure of the foreign design should necessarily take place in Europe.
As per UCDR, what is the duration for which a designer is permitted to establish an informal design?
12 months
State major differences between UCD and RCD?
- Time period- for UCD (3 years), for RCD (25 years).
- Infringement- same overall impression on the informed user+proof of copying (for UCD),
same overall impression on the informed user (for RCD).
What are the presumptions for informal registrations?
- A rebuttable presumption of the substance of the right
- A rebuttable presumption of ownership in favor of the registrant
- A non-rebuttable presumption of knowledge of the existance of the rights by any third party, including independent developers of the same or of a substantially similar designs.
What does an informal protection result in?
Certain evidential burdens with establishing the rights which may be a serious hurdle in the enforcement process.
To initiate an enforcement proceeding under UCD, what is a claimant needed to present before the authority?
He has to show that he is the rightful owner of the claimed UCD as there is no presumption of ownership in informal regime.