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Industrial property: Commission sets registration fees for "Community Designs"

Commission Européenne - IP/02/1926   19/12/2002

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IP/02/1926

Brussels, 19th December 2002

Industrial property: Commission sets registration fees for "Community Designs"

The European Commission has adopted a Regulation setting the fees payable to the Office for Harmonisation in the Internal Market (OHIM) in Alicante for registering Community designs. This is the final step in setting up the Community Design system and will allow the OHIM to register the first Community Designs from 1st April 2003. The basic registration fee for a first design will be € 230, with lower fees for any further design registered at the same time. Holders of registered designs will have 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. Registrations will need to be renewed every five years - up to the maximum of 25 years - at a cost of € 90 for a first renewal up to € 180 for a fourth.

Internal Market Commissioner Frits Bolkestein said "I am very pleased that we have been able to set these fees at an affordable level. This is the last piece of the jigsaw and we can now put the new system of Community registered designs into practice. It will foster creativity and innovation by making it easier to protect designs throughout the Internal Market with a single application. The Regulation will also help fight counterfeiting and piracy."

The Regulation sets the fees the OHIM will charge for the registration of Community Designs and the ways in which those fees can be paid. The aim is that fee revenue will enable the OHIM to cover the costs it incurs in setting up and managing the system.

The Regulation completes the legal framework for the registration of Community designs. Community Designs registered by the OHIM will enjoy protection in all fifteen Member States.

Procedural burdens on applicants will be kept to a minimum: in particular, there will be no need for designs submitted to undergo, before registration is granted, a detailed examination in order to ensure they qualify for protection.

Instead, the OHIM will be able to annul non-qualifying registrations after invalidity proceedings. Member States' Community design courts will also be able to decide, if appropriate, that a registered design should not in fact be entitled to protection, in the context of litigation arising from an alleged infringement of that protection.

The OHIM will accept applications for Community Designs from 1 April 2003. However pre-applications may already be submitted from 2 January 2003, though they will bear the registration date of 1 April 2003.

A full table of the fees chargeable is below.

Further details are available on the OHIM website at:

http://oami.eu.int/

The full text of the Regulation is available at:

http://www.europa.eu.int/comm/internal_market/en/indprop/design/index.htm

Background

This Regulation completes the legal framework for the registration of Community Designs with the OHIM.

The initial Regulation on Community Designs was adopted by the Council on 12 December 2001 (see IP/01/1803). The Regulation provides for two types of design protection, directly applicable in each Member State: the "Registered Community Design" which must be registered with the OHIM - and the "Unregistered Community Design". In both cases, to be eligible for protection, designs must be new and must have an individual character (in other words it must be apparent to the public that they are different from products which existed previously.) The main difference in the level of protection afforded will be that a Registered Community Design will be protected against both deliberate copying and the independent development of a similar design. An unregistered design will be protected only against deliberate copying.

The Commission then adopted on 23 October 2002 a Regulation of its own giving the OHIM the administrative tools it needs to operate the necessary procedures.

Fees for the registration of Community Designs

Reason for Fee

FeeAdditional fee (designs 2-10 each)Additional fee (designs 11+ each)
Registration€230€115€50
Publication€120€60€30
Deferred Publication€40€20€10
Late Payment Registration€60
Late Payment Publication€30
Late Payment Deferment€10
Late Payment Additional Designs25% of additional fee
Renewal (first)€90
Renewal (second)€120
Renewal (third)€150
Renewal (fourth)€180
Late Renewal25% of late fee
Invalidity Application€350
Appeal€800
Restitution in integrum€200
Transfer Application€200 (max €1000)
Transfer Design
Licence Registration
Licence Cancellation
Copy of Application, Certificate or Extract (uncertified)€10
Copy of Application, Certificate or Extract (certified)€30
Inspection of Files€30
Copy of file

(uncertified)

€10 + €1 per page over 10
Copy of file

(certified)

€30 + €1 per page over 10
Communication of File€10 + €1 per page over 10
Review of Refund€100

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