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European Intellectual Property Law

European Intellectual Property Law (2nd edn)

Justine Pila and Paul Torremans
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date: 26 May 2024

p. 46119. Designslocked

p. 46119. Designslocked

  • Justine PilaJustine PilaFellow and Senior Law Tutor of St Catherine’s College, Oxford; Research Fellow of the Institute of European and Comparative Law, Faculty of Law, University of Oxford
  •  and Paul L.C. TorremansPaul L.C. TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter considers design law in the EU. Designs have something to do with shape and they are closely linked with the concept of a trade mark for a three-dimensional shape. Under the Community Designs Regulation, a single registered design right is granted in essence and this is done for the whole of the EU. That system is administered by the Office for Harmonization in the Internal Market (OHIM), which also administers the Community trade mark (Article 2 of the Regulation). As with the Community trade mark, the Community design right has a unitary character (Article 1(3) of the Regulation). The remainder of the chapter discusses the requirements for the grant of a registered design; grounds for refusal of registration; rights of the owner and infringement; ownership of and entitlement to a registered design; grounds for invalidity of a registered design; duration of the registered design right; and international commercial exploitation of registered designs.

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