<\/p>\nCommunity design\n
<\/h2><\/div>[vc_empty_space height=”25px”][vc_column_text el_class=”txt_24x2″ css=”.vc_custom_1527755244979{padding-right: 100px !important;padding-left: 100px !important;}”]<\/p>\n
The Community design is valid across the European Union. The Community design has unitary character: it can be registered or declared invalid only in respect of the whole European Union and its protection is uniform throughout the EU.<\/p>\n
The Community design regulation creates two types of protection:<\/p>\n
1. Registered Community Design (RCD):<\/strong><\/p>\n \u2022 RCDs are governed by a single legal system, providing strong and uniform protection throughout the European Union. Community designs are registered directly with the EUIPO in Alicante in accordance with the conditions specified in the Community design regulations. 2. Unregistered Community Design (UCD):<\/strong><\/p>\n \u2022 An UCD does not require an application procedure as the right arises automatically upon disclosure. In particular, a design that is entitled to protection as a RCD will automatically be protected by an UCD for three years from the date it is first made available to the public within the territory of the European Union. After three years, the protection cannot be extended. [\/vc_column_text][vc_empty_space height=”25px”]
\n\u2022 A RCD gives its proprietor the exclusive right in the EU to make, use, sell, import and export any product embodying or bearing the design. Registered Community designs are protected against similar designs even when the infringing design has been developed in good faith, i.e. without knowing of the existence of the earlier design.
\n\u2022 A RCD is easy to register. There is one application, one language of filing and one file to manage
\n\u2022 After the EUIPO\u2019s formal examination, subsequent examination considers only whether the subject matter of the application satisfies the legal definition of a design or is contrary to public order or accepted principles of morality. Where there are no irregularities or deficiencies or, where there are, after they have been remedied, a certificate of registration is issued and notice of grant is published with a representation of the RCD.
\n\u2022 It is possible to file \u201cmultiple applications\u201d covering more than one design, as long as all the articles to which the designs are intended to be applied fall inside the same class of the Locarno Design Classification (except in case of ornamentation).
\n\u2022 The applicant for a RCD can request, when the application is filed, that the publication of the RCD be deferred for up to 30 months from the filing of the application.
\n\u2022 Protection of a RCD is for five years, renewable for one or more successive five-year periods up to a maximum of 25 years.
\n\u2022 The regulation allows for an application for a declaration of invalidity to be filed once the design is registered, provided that if lack of novelty or individual character is alleged based on an earlier right the application must be lodged by the holder of that right.<\/p>\n
\n\u2022 Not only UCDs last for a shorter length of time than a RCD, but it also provides a weaker form of protection. In fact, UCDs grant the right to prevent commercial use of a design only if that design is an intentional copy of the protected one, made in bad faith, i.e. knowing of the existence of the earlier design.<\/p>\n![\"\"](\"https:\/\/www.dauden.com\/en\/wp-content\/uploads\/sites\/3\/2018\/05\/icon-dauden-12.jpg\"){kind=icon}
<\/span><\/div><\/div>Spanish Designs<\/a><\/h6><\/i><\/i><\/i><\/a><\/div><\/div>[vc_empty_space height=”67″][\/vc_column][vc_column width=”1\/3″]
![\"\"](\"https:\/\/www.dauden.com\/en\/wp-content\/uploads\/sites\/3\/2018\/05\/icon-dauden-13.jpg\"){kind=icon}
<\/span><\/div><\/div>Community Designs<\/a><\/h6><\/i><\/i><\/i><\/a><\/div><\/div>[vc_empty_space height=”67″][\/vc_column][vc_column width=”1\/3″]
![\"\"](\"https:\/\/www.dauden.com\/en\/wp-content\/uploads\/sites\/3\/2018\/05\/icon-dauden-08.jpg\"){kind=icon}
<\/span><\/div><\/div>International Designs<\/a><\/h6><\/i><\/i><\/i><\/a><\/div><\/div>[vc_empty_space height=”67″][\/vc_column][\/vc_row][vc_row][vc_column]