Week 9

Question 1

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

Answer 1

The European Court of Justice decided the 3 Cases.

Question 2

What was the basis for the creation of harmonized laws?

Answer 2

Directive 90871

Question 3

Which regulation created design right at EU-level?

Answer 3

Regulation 6/2002

Question 4

Which body accepts registration applications at the EU-level?

Answer 4

The EUIPO in Alicante.

Question 5

At the national level, which body does register design?

Answer 5

National property offices

Question 6

Do you think that there is a need for Informal Design protection?

Answer 6

Yes. Because of some branches producing short life cycle products. Example - products of fashion, clothing, etc.

Question 7

In Europe, how is an informal design protected at the regional level?

Answer 7

It is protected in the form of UCDR (Unregistered Community Design Rights).

Question 8

In the UK, how is an informal design protected at the National level?

Answer 8

In the form of UKUDR (UK Unregistered Design Rights).

Question 9

As per UCDR, what is the duration for which the rights associated with an informal design last?

Answer 9

They last for 3 years.

Question 10

Is disclosure of Design necessary as per UCDR?

Answer 10

To have access to informal design protection, the disclosure of the foreign design should necessarily take place in Europe.

Question 11

As per UCDR, what is the duration for which a designer is permitted to establish an informal design?

Answer 11

12 months

Question 12

State major differences between UCD and RCD?

Answer 12

1. Time period- for UCD (3 years), for RCD (25 years).
2. Infringement- same overall impression on the informed user+proof of copying (for UCD),
   same overall impression on the informed user (for RCD).

Question 13

What are the presumptions for informal registrations?

Answer 13

1. A rebuttable presumption of the substance of the right
2. A rebuttable presumption of ownership in favor of the registrant
3. 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.

Question 14

What does an informal protection result in?

Answer 14

Certain evidential burdens with establishing the rights which may be a serious hurdle in the enforcement process.

Question 15

To initiate an enforcement proceeding under UCD, what is a claimant needed to present before the authority?

Answer 15

He has to show that he is the rightful owner of the claimed UCD as there is no presumption of ownership in informal regime.

Question 16

What does UKUDR focus on?

Answer 16

At the national level, protection it focuses on shape and configuration of the whole or part of an article.

Question 17

What is the duration for protection under UKUDR?

Answer 17

15 years from the end date of calendar year in which the design was first recorded in a design document (drawing, photo, written description etc.)

Question 18

State the differences between UKUDR and UCD.

Answer 18

1. Subject matter:
UCD- 2D+3D
UKUDR- 3D only
2. Requirement:
UCD- novelty+individual character
UKUDR- Originality
3. Terms:
UCD- 3 years
UKUDR- 10/15 years
4. Scope:
UCD- exclusive rights to use and to prevent third partyu from using EU.
UKUDR- exclusive rights to reproduce UK
5. Infringement:
UCD- same overall impression on the informed user+ proof of copying , Visual test.
UKUDR- Proof of copying +substantial similarity visual + functional test.

Question 19

What are maor aims of the EU’s economic policy?

Answer 19

Market liberalization and free competition.

Question 20

Define OEM.

Answer 20

Original equipment manufacturers

Question 21

What are the parts of complex product?

Answer 21

Parts of complex products (i.e. products composed of multiple components which can be replaced permitting disassembly and reassembly of the product, e.g. a car)

Question 22

How are outer and visible component parts of a complex product offered protection?

Answer 22

Outer and visible component parts of a complex product are offered protection under the design regime, however with an exception of the so called “must-fit” elements of the product’s appearance.

Question 23

Which clause was introduced as a limitation of the unitary design right in EU?

Answer 23

The repair clause was introduced only into the EU design regime in Article 110 (1) CDR as a limitation of the unitary design right.

Question 24

Which provision of CDR deals with “repair?”

Answer 24

Art. 110 (1) CDR.

Question 25

Is there any harmonized solution to the problem of spare parts on the national level?

Answer 25

There is no harmonized solution of the problem of spare parts on the national level, as the EU Design Directive (Article 14) sets forth only the obligation to maintain the status quo or alternatively to liberalize the national law in that regard.