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 place before deciding whether the protection resulting from a registered EU design is desirable. To that end, it is necessary to provide that disclosures of the design by the designer or the designer’s successor in title, or abusive disclosures during a period of 12 months prior to the date of filing of the application for a registered EU design should not be prejudicial in assessing the novelty or the individual character of the design in question.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
