The exclusive nature of the right conferred by the registered EU design is consistent with its greater legal certainty. However, it is appropriate that the unregistered EU design should constitute a right only to prevent copying. Protection could not therefore extend to design products which are the result of a design arrived at independently by a second designer. That right should also extend to trade in products embodying infringing designs.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
