Recitals
- Recital (1)Council Regulation (EC) No 6/2002 has been substantially amended several times. In the interests of clarity and rationality, that…
- Recital (2)Regulation (EC) No 6/2002 created a system of design protection specific to the European Community, now the European Union, which has since…
- Recital (3)Protection for industrial design not only promotes the contribution of individual designers to the achievement of Union excellence in the…
- Recital (4)Consequently, an accessible design protection system adapted to the needs of the internal market is essential for Union industries.
- Recital (5)Since the establishment of the Community design system, now the European Union design (EU design) system, experience has shown that…
- Recital (6)National design protection systems continue nevertheless to be necessary for those individual designers and undertakings that do not want…
- Recital (7)National design laws and practices should be in line with the EU design system to the extent appropriate, in order to lay down, as far as…
- Recital (8)As a complement to the administration of the EU design system, it is essential that the Office adequately promote that system with a view…
- Recital (9)Since the establishment of the Community design system, the rise of information technology has entailed the advent of new designs which are…
- Recital (10)In order to ensure legal certainty, it is appropriate to provide that protection is conferred on the right holder, by way of registration…
- Recital (11)Apart from being shown visibly in an application for registration of an EU design, design features of a product do not need to be visible…
- Recital (12)The assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed…
- Recital (13)Technological innovation should not be hampered by granting design protection to features dictated solely by a technical function. It is…
- Recital (14)The mechanical fittings of modular products might nevertheless constitute an important element of the innovative characteristics of modular…
- Recital (15)An EU design should, as far as possible, serve the needs of all sectors of industry in the Union.
- Recital (16)Some of those sectors produce large numbers of designs for products frequently having a short market life where protection without the…
- Recital (17)This calls for two forms of protection, one being a short-term unregistered design and the other being a longer term registered design.
- Recital (18)A registered EU design requires the maintenance of a register in which all those applications which comply with formal conditions and which…
- Recital (19)An EU design should not be upheld unless the design is new, and unless it also possesses an individual character in comparison with other…
- Recital (20)It is also necessary to allow the designer or the designer’s successor in title to test the products embodying the design in the market…
- Recital (21)In view of the growing deployment of 3D printing technologies in different areas of industry, including with the help of artificial…
- Recital (22)In order to ensure design protection and combat counterfeiting effectively, and in line with international obligations of the Union under…
- Recital (23)To that end, it should be permissible for holders of registered EU designs to prevent the entry of infringing products and the placement of…
- Recital (24)In order to reconcile the need to ensure the effective enforcement of design rights with the necessity to avoid hampering the free flow of…
- Recital (25)The exclusive nature of the right conferred by the registered EU design is consistent with its greater legal certainty. However, it is…
- Recital (26)The enforcement of those rights is to be left to national laws. It is necessary therefore to provide for some basic uniform sanctions in…
- Recital (27)The exclusive rights conferred by a registered EU design should be subject to an appropriate set of limitations. Apart from acts carried…
- Recital (28)Directive (EU) 2024/2823 of the European Parliament and of the Council harmonised the laws of Member States as regards the use of protected…
- Recital (29)With a view to preserving the effectiveness of the liberalisation of the spare parts aftermarket sought by this Regulation and in line with…
- Recital (30)Any third persons who can establish that they have in good faith commenced use even for commercial purposes within the Union, or have made…
- Recital (31)In order to facilitate the marketing of design-protected products, in particular by small and medium-sized enterprises (SMEs) and…
- Recital (32)It is a fundamental objective of this Regulation that the procedure for obtaining a registered EU design should entail the minimum cost and…
- Recital (33)It should only be possible to file an application for a registered EU design at the Office. In order to facilitate the provision of…
- Recital (34)It is of key importance to provide the appropriate means to allow a clear and precise representation for all designs which is adaptable to…
- Recital (35)Those sectors of industry producing large numbers of possibly short-lived designs over short periods of time of which only some may be…
- Recital (36)For greater efficiency it is also appropriate to facilitate the filing of multiple applications for registered EU designs by allowing…
- Recital (37)The normal publication following registration of an EU design could in some cases destroy or jeopardise the success of a commercial…
- Recital (38)A procedure for hearing applications concerning the validity of a registered EU design in a single place would bring savings in costs and…
- Recital (39)It is therefore necessary to provide safeguards including a right of appeal to a Board of Appeal, and ultimately to the Court of Justice.…
- Recital (40)For reasons of efficiency and to streamline proceedings, the means of notification and communication should be electronic only.…
- Recital (41)It is essential that the rights conferred by an EU design can be enforced in an efficient manner throughout the territory of the Union.
- Recital (42)The litigation system should avoid as far as possible forum shopping. It is therefore necessary to establish clear rules of international…
- Recital (43)This Regulation does not preclude the application to designs protected by EU designs of the industrial property laws or other relevant laws…
- Recital (44)Given the advanced harmonisation of copyright law in the Union, it is appropriate to lay down in this Regulation the principle of…
- Recital (45)Given the essential importance of the amounts of fees payable to the Office for the functioning of the EU design protection system and its…
- Recital (46)In order to ensure an effective, efficient and expeditious examination and registration of EU design applications by the Office using…
- Recital (47)In order to ensure that a registered EU design can be declared invalid in an effective and efficient way by means of a transparent,…
- Recital (48)In order to allow for an effective, efficient and complete review of decisions of the Office by the Boards of Appeal by means of a…
- Recital (49)In order to ensure the smooth, effective and efficient operation of the EU design system, the power to adopt delegated acts in accordance…
- Recital (50)In order to ensure the effective and efficient organisation of the Boards of Appeal, the power to adopt delegated acts in accordance with…
- Recital (51)It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert…
- Recital (52)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission…
- Recital (53)Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the autonomous…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
