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© Agency TRIA ROBIT 2012 Design protection in the European Union: New possibilities

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© Agency TRIA ROBIT 2012

Design protectionin the European Union:

New possibilities

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COMPANY PROFILE

• One of the leading intellectual property law firms in the Baltic States

• Offices in Riga, Latvia and Moscow, Russia

• Practices in the Baltic States and the European Union, Central and Eastern Europe, Russia and Central Asia

• Internationally recognized and consistently ranked in top tier positions of international rankings in the region

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COMPANY PROFILE

• Professional team of 12 experienced European, Eurasian and Latvian Patent, Design & Trademark Attorneys

• Members of:AIPLA, AIPPI, CILS, ECTA, FICPI, INTA, ITMA, LPPA, MARQUES, PTMG, UN/ECE

• Active participation in INTA and ECTA Committees

• Broad network of carefully selected partners in the operating areas

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OUR SERVICES

• We provide a full range of intellectual property services, advising and assisting in IP protection, management and enforcement worldwide

• We are working with all kinds of Intellectual Property, including patents, trademarks, industrial designs, as well as copyright and Internet domain names

• Full service from registration till enforcement & litigation

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OUR SERVICES

Experience supported by modern technologies:

www.triarobit.eu

• Online Trademark Search• Online Filings of Community Trademarks• Online Filings of Community Designs

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THE COMMUNITY DESIGN SYSTEM

• Two types of legal protection:• Registered Community Design• Unregistered Community Design

• Basic law:Council Regulation (EC) Nº 6/2002 of 12 December 2001 on Community Designs

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RCD vs. UCD

• Unregistered Community Design (UCD)- Arguments against:

must be disclosed limited protection (3 years only) narrower scope of rights (protection from copying only)+ Arguments for:

“automatic” protection favorable for short-term perspective

• Registered Community Design (RCD) + Arguments for:

formal procedure is comparatively quick and cheap no need to prove prior disclosure much stronger protection than UCD:

o longer protection term (up to 25 years)o broader scope of rights (reproduction and copying)

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COMMUNITY DESIGN

A "design" means the appearance of the whole or a part of a product resulting from the features, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation

A "product" means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs

A "complex product" means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product

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• Almost anything, any handicraft or industrial product can be protected:

• Trade dress & Packaging• Logos & Symbols• Shape of product• Ornamentation & texture• Etc.

• Outward appearance or shape of the product, but not the function of the product

WHAT CAN BE PROTECTED

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WHAT CAN BE PROTECTED

PACKAGING

RCD 001819558

RCD 000769088

RCD 000769088

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WHAT CAN BE PROTECTED

LOGOS

RCD 001812751

RCD 001803545

RCD 001823964

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WHAT CAN BE PROTECTED

SHAPE OF PRODUCT

RCD 000712997

RCD 000475850

RCD 001601113

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WHAT CAN BE PROTECTED

SHAPE OF PRODUCT

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WHAT CAN BE PROTECTED

ORNAMENTATION & TEXTURE

RCD 001584731 RCD 001613282

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WHAT CAN BE PROTECTED

GRAPHICAL USER INTERFACES

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WHAT CANNOT BE PROTECTED

• not industrial or handicraft item

• immoral or contradictory to public policy

• not consisting of outward appearance of a product

• not visible in normal use

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REQUIREMENTS FOR PROTECTION

• NOVELTY the design is being compared to other designs made available to the public before

o GRACE PERIODpossibility to market a product during one-year period without losing novelty

• INDIVIDUAL CHARACTER overall impression produced by the design on the informed user must differ from the overall impression produced on such a user by any other design made available to the public earlier

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OBTAINING PROTECTION5-10 days

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FILING THE APPLICATION

• Required documents / information:

• Information on the holder• Graphic representation of the design • Indication of product in accordance with classification

• No limitations on applicants• any natural / legal person can file the application

• Filing date = registration date

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FILING THE APPLICATION

• Multiple applications

• Registration of several designs by a single application

• Products may be different but must belong to one and the same class of the Locarno classification (except for ornamentation)

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FILING THE APPLICATION

• Representation of the design• Graphic and/or photographic

o Colored representations if the colors or color combination are a part of the design

• Different views of the designo Any number of views from 1 to 7

• Protected as showno Protection is limited to the features shown on the representations

• Good quality and neutral background

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FORMAL EXAMINATION

• Views relating to different products

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FORMAL EXAMINATION

• Views relating to one product

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FORMAL EXAMINATION

• Additional elements are acceptable only if used for explanatory purposes

• Any text, wording or symbols, which are not a protectable part of design, should be removed

Not acceptable Acceptable

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ADDITIONAL POSSIBILITIES – DEFERMENT OF PUBLICATION

• Design registered but not published

• Maximum duration of deferment 30 months

• Important in fashion or automobile industry

• Reduces an opportunity of copying the design by competitors while the original product is not put on the market

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RIGHTS GIVEN BY REGISTRATION

• exclusive right to use

• to prevent any third party from using without consent

• making, offering, putting on the market, importing, exporting or using a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes is infringement

• protection is not limited to nominated goods

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THANKS FOR ATTENTION!

ANY QUESTIONS?ANY QUESTIONS?

For additional information

please contact us:

Agency TRIA ROBIT

P.O. Box 22, LV 1010, Riga, Latvia

5 Vilandes Str., Riga, Latvia

Phone: +371 67320300

Fax: +371 67325600

E-mail: [email protected]

Web: www.triarobit.com