BETA

27 Amendments of Daniel BUDA related to 2022/0391(COD)

Proposal for a regulation
Recital 4 a (new)

(4a) In its resolution of 11 November 2021 on an intellectual property action plan1a, the European Parliament pointed out that the current EU design protection system was set up 20 years ago and should be reviewed, highlighting the need for the provisions of the Regulation to be updated in order to ensure greater legal certainty; _________________ 1a European Parliament resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience (2021/2007(INI)) (OJ C 205, 20.5.2022, p. 26).

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 6

(6) While the Commission’s evaluation of the Union’s legislation on design protection confirmed that it is still largely fit for purpose, it announced in its communication ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’30 of 25 November 2020 that following the successful reform of the EU trade mark legislation, among others, it will revise the Union legislation on design protection with a view to improving the accessibility ~~and affordability of design protectio~~, efficiency and streamlining, and with a view to updating the regulatory framework in lin ~~the Union~~e with the evolution of new technologies on the market. _________________ 30 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Making the most of the EU’s innovative potential. An intellectual property action plan to support the EU’s recovery and resilience (COM/2020/760 final).

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 9

(9) Since the establishment of the Community design system, the rise of information technology and the evolution of artificial intelligence entailed the advent of new designs which are not embodied in physical products. This would require a better use of the potential offered by new technologies, such as artificial intelligence and backchain, in order to increase the efficiency of our intellectual property systems. That calls for a broadening of the definition of products eligible for design protection to clearly cover those visualised in a graphic, embodied in a physical object or apparent from the spatial arrangement of items intended to form, in particular, an interior environment. In this context, it should also be recognised that the movement, transition or animation of features can contribute to the visual appearance of designs, in particular for designs that are not embodied in a physical object.

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 11

(11) The use of 3D printing technologies in different areas of industry is growing, which results in challenges for design right holders to effectively prevent illegitimate copying of their protected designs. In this context, there should be clarity when it comes to the protection of 3D printing files and the limitations to the private use of designs. Therefore, it is appropriate to provide that the creation, downloading, copying and making available of any medium or software recording the design for the purpose of reproducing a product that infringes the design, amounts to use of the design being subject to the right holder’s authorisation.

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 18

(18) In view of the insignificant number of EU design applications filed at the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, in order to ensure legal certainty and in order to align the system for EU design applications to the system set out in Regulation (EU) 2017/1001, ~~it should henceforth~~once this Regulation comes into force, it should only be possible to file an EU design application at the Office.

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 19

(19) ~~Both t~~Technological advancement, artificial intelligence evolution, and the experience gained in the application of the current EU design registration system has revealed the need for improvement ofand streamlining certain aspects of procedure. Consequently, certain measures should be taken to update, simplify and speed up procedures where appropriate and to enhance legal certainty and predictability where required.

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 24

(24) Given the impact and essential importance of the amounts of fees payable to the Office for the functioning of the EU design protection system and its complementary relationship as regards national design systems, and in order to align the legislative approach with Regulation (EU) 2017/1001, it is appropriate to set those fee amounts directly in Regulation (EC) No 6/2002 in the form of an annex. The amounts of the fees should be fixed at a level which ensures both that the revenue they produce is in principle sufficient for the budget of the Office to be balanced and that there is coexistence and complementarity between the EU design and the national design systems, also taking into account the size of the market covered by the EU design and the needs ~~of SMEs~~and minimal impact of these fees on SMEs accessing the industrial design protection system in the EU.

2023/07/13
Committee: JURI

Proposal for a regulation
Recital 27

(27) In order to ensure that a registered EU design can be declared invalid in an quick but, at the same time, effective and efficient way by means of a transparent, thrigoroughs, fair and equitable procedure, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of specifying the procedure for declaring a registered EU design invalid.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 6/2002
Article 2a

For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the national law governing them, they have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts, and to sue and be sued.’;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 6/2002
Article 15 – paragraph 2

(2) Where a person is jointly entitled to an EU design, that person may, within the meaning of Art. 14 paragraph 2 and in accordance with paragraph 1, claim to become recognised as joint holder.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 6/2002
Article 15 – paragraph 5 – point b

(b) the date and particulars of the final decision of the competent court or authority of the Member State concerned or any other final termination of the proceedings;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 6/2002
Article 20a – paragraph 2

2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who have failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate, transparent and readily available to consumers form, about the origin of the product to be used for the purpose of the repair of the complex product, so that they can make an informed choice between competing products that can be used for the repair.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 31

Regulation (EC) No 6/2002
Article 42 – paragraph 2

2. The Executive Director may determine that the documentation to be provided by the applicant in support of the priority claim may consist of less than the documentation required under the implementing acts adopted pursuant to Article 42a, provided that the information required is available to the Office from other sources.’;deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 39

Regulation (EC) No 6/2002
Article 47 – paragraph 2

2. In the notification referred to in paragraph 1, the Office shall specify a ~~period~~reasonable period, which cannot exceed 2 months, within which the applicant may submit observations, withdraw the application or the objected views or submit an amended representation of the design that differs only in immaterial details from the representation as originally filed.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 39

Regulation (EC) No 6/2002
Article 47 – paragraph 3

3. Where the applicant fails to overcome the grounds for non- registrability within the period provided for in paragraph 2, the Office shall refuse the application. If those grounds for non- registrability concern only some of the designs contained in a multiple application which have not been removed as provided for in this Article, the Office shall refuse the application only in so far as those designs are concerned.’;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 61

Regulation (EC) No 6/2002
Article 62 – paragraph 2

2. Any decision, communication or notice from the Office shall indicate the department or division of the Office as well as the name or the names of the official or officials responsible. They shall be signed by that official or those officials, or, instead of a signature, carry a printed or stamped seal of the Office. The Executive Director may determine, by way of a reasoned decision, that other means of identifying the department or division of the Office and the name of the official or officials responsible or an identification other than a seal may be used where decisions, communications or notices are transmitted by any technical means of communication.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 65 – point b

Regulation (EC) No 6/2002
Article 65 – paragraph 5

~~‘5. The Executive Director shall determine the amounts of expenses to be paid, including advances, as regards the costs of taking of evidence as referred to in this Article.’;~~deleted

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 67

Regulation (EC) No 6/2002
Article 66 – paragraph 2

2. Notification shall be effected by electronic means. The details regarding electronic means shall be determined by the Executive Director, by way of a reasoned decision.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 6/2002
Article 66b

Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation, without any decision having been taken, it shall communicate this to the persons concerned in accordance with Article 66. The persons concerned may apply for a decision on the matter within 2 months of notification of the communication, if they consider that the finding of the Office is incorrect. The Office shall adopt such a decision only where it disagrees with the reasons or evidence submitted by the persons requesting it. If that is not the case, the Office shall amend its finding and inform the persons requesting the decision hereof.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 6/2002
Article 66c

Communications addressed to the Office shall be effected by electronic means. The Executive Director shall determine, by way of a reasoned decision, the electronic means to be used and the manner and technical conditions under which such electronic means shall be used.’;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 71

Regulation (EC) No 6/2002
Article 66e – paragraph 4

4. If an exceptional occurrence, such as a natural disaster or strike, interrupts or interferes with proper communication from the parties to the proceedings to the Office or vice-versa, the Executive Director may determine, by way of a reasoned decision, that for parties to the proceedings that have their residence or registered office in the geographical area affected by the exceptional occurrence, or who have appointed a representative with a place of business in that area, all time limits that otherwise would expire on or after the date of commencement of such occurrence shall be extended until a certain date. When determining that date, the Executive Director shall assess when the exceptional occurrence comes to an end. If the occurrence affects the seat of the Office, such determination of the Executive Director shall specify, with reasons, that it applies in respect of all parties to the proceedings.’;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 83

Regulation (EC) No 6/2002
Article 72 – paragraph 4

4. The Executive Director may determine, by way of a reasoned decision, that items other than those referred to in paragraphs 2 and 3 shall be entered in the Register, provided that these items do not affect the trade secret and knowhow protection rules.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 83

Regulation (EC) No 6/2002
Article 72 – paragraph 5

5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items referred to in paragraphs 1, 2 and 3, including any personal data, for the purposes laid down in paragraph 8. The Office shall keep the Register easily accessible for public inspection and that it does not contain data in breach of the trade secret and knowhow protection rules.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 84

Regulation (EC) No 6/2002
Article 72a – paragraph 2

2. The electronic database may include personal data, beyond those included in the Register pursuant to Article 72, to the extent that such data is required by this Regulation or by acts adopted pursuant to it and to the extent it is not in breach of the trade secret and knowhow protection rules. . The collection, storage and processing of personal data shall serve the purposes of:

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 88

Regulation (EC) No 6/2002
Article 74 – paragraph 1

1. Inspection of the files of registered EU designs shall be of the original document, or of copies thereof, or of technical means of storage if the files are stored in that way. The request for inspection of the files shall not be deemed to have been made until the required fee has been paid. No fee shall be payable if inspection of technical means of storage takes place online. The Executive Director shall determine the means of inspection, by way of a reasoned decision, issued annually.

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 109

Regulation (EC) No 6/2002
Article 100

In addition to the powers conferred upon the Executive Director by Article 157(4), point (o), of Regulation (EU) 2017/1001, the Executive Director shall exercise the powers conferred under Article 36(5), Article 37(1), Article 41(5), Article ~~42(2), Article 62(2), Article 65(5~~62(2), Articles 66, 66c, 66e, Article 72(4), Article 72a(3), Article 73, Article 74a(1), Articles 74c, 78, Article 98(7), Article - 106aa, Article - 106ab(1), Articles -106ac and -106ad in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.’;

2023/07/13
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 127

1. By [OP please insert the date = the first day of the month following 8460 months after the date of entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation.

2023/07/13
Committee: JURI