New European Union Industrial Design Protection System

The European Union (EU)1 has instituted a new system for the protection of industrial designs. 2 The system has two main components; first a system of protection for unregistered designs, effective March 6, 2002, and a registration system, likely to be initiated in 2003, and administered by the newly-formed section of the Office of Harmonization of International Markets (OHIM), located in Allicante, Spain.

The protection against copying of unregistered "new" designs will extend for three years from the date that the design was first made available to the public. The anticipated registration system will offer an initial five-year term of protection, and allow up to four renewals for a total duration of twenty-five years. It is also anticipated that the registration system will have a one-year grace period for public disclosure.

NOTES

1. The member countries of the EU are: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Portugal, Spain, Sweden, and the United Kingdom.

2. Council Regulation (EC), No 6/2002 of 12 December 2001 on Community Designs (EU Community Design Regulation). The text is available on the website of the EU Office of Harmonization on the Internal Market (OHIM) at <http://oami.eu.int>.