Activities of Pierre KARLESKIND related to 2022/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002
Amendments (19)
Amendment 29 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure legal certainty, it is appropriate to clarify that protection is conferred upon the right holder for those design features of a product, in whole or in part, which are shown visibly in an application for a registered EU design and made available to the public by way of publication or consultation of the relevant file. While otherwise design features of a given product do not need to be visible at any particular time or in any particular situation of use in order to attract design protection, an exception should apply to the design protection of component parts of a complex product that need to remain visperceptible during normal use of that product.
Amendment 36 #
Proposal for a regulation
Recital 16
Recital 16
(16) Directive (EU) [xxx] harmonises the laws of the Member States with regard to the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the design is applied to or incorporated in a product which constitutes a component part of a complex product upon whose appearance the protected design is dependent. Accordingly, the current transitional repair clause contained in Regulation (EC) No 6/2002 should be converted into a permanent provision. As the intended effect of that provision is to make registered and unregistered Community design rights unenforceable where the design of the component part of a complex product is used for the purpose of the repair of a complex product so as to restore its original appearance, the repair clause should be placed among the available defences to EU design right infringement under Regulation (EC) No 6/2002. Furthermore, for the sake of coherence with the repair clause inserted into Directive (EU) [XXX], and in order to ensure that the scope of design protection is only restricted to prevent design right holders from actually being granted product monopolies, it is necessary to explicitly limit the application of the repair clause set out in Regulation (EC) No 6/2002 to component parts of a complex product upon whose appearance the protected design is dependent. In addition, in order to ensure that consumers are not mislead but are able to make an informed decision between competing products that can be used for the repair, it should also be made explicit in the law that the repair clause cannot be invoked by the manufacturer or the seller of a component part who have failed to duly inform consumers about the originproducer of the product to be used for the purpose of repair of the complex product.
Amendment 43 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to render the access to registered EU design protection more affordable and transparent, in particular for SMEs and individual designers that tend to file less designs compared to larger enterprises, it is appropriate to adjust the structure and amount of fees for the applicationintroduce targeted provisions adapting the amount of fees of registered EU designs for SMEs.
Amendment 44 #
Proposal for a regulation
Recital 24
Recital 24
(24) Given the 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. A sufficient level of flexibility shall be given on the amounts of the fees to take into account the inflation and ensure stable level of resources for the Office.
Amendment 47 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In order to ensure a stable level of resources for the Office, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of updating the amounts of the fees set out in the Annex every 48 months or more, taking into account the inflation.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
(9a) in Article 4, paragraph 2 is replaced by the following: 2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character: (a) if the component part, once it has been incorporated into the complex product, remains perceptible during normal use of the latter; and (b) to the extent that those perceptible features of the component part fulfil in themselves the requirements as to novelty and individual character.
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 6/2002
Article 12, paragraph 2
Article 12, paragraph 2
2. A registered EU design shall be registered for a period of five years calculated from the date of filing of the application for registration and until five years after the date of registration by the Office. The right holder may have the term of protection renewed for one or more periods of 5 years each, up to a total term of 25 years from the date of filing of the application for registrationregistration by the Office.;
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 6/2002
Article 20a – paragraph 2
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 form, about the originproducer 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.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 6/2002
Article 26a
Article 26a
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
1a. The Commission is empowered to adopt delegated acts in accordance with Article 109a, every 48 months or more, in order to update the fees set out in the Annex, taking into consideration the inflation.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 1
Article –106ad – paragraph 4 – subparagraph 1
Where an excessive sum is paid to cover a fee or a charge, the excess shall not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 2
Article –106ad – paragraph 4 – subparagraph 2
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EC) No 6/2002
Article –106ad – paragraph 4 – subparagraph 3
Article –106ad – paragraph 4 – subparagraph 3
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 124
Article 1 – paragraph 1 – point 124
Regulation (EC) No 6/2002
Article 109a – paragraph 2
Article 109a – paragraph 2
2. The power to adopt delegated acts referred to in Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a, -106a and -106aa shall be conferred on the Commission for an indeterminate period of time from [OP: please insert the date = the date of entry into force of this Regulation].
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 124
Article 1 – paragraph 1 – point 124
Regulation (EC) No 6/2002
Article 109a – paragraph 3
Article 109a – paragraph 3
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 124
Article 1 – paragraph 1 – point 124
Regulation (EC) No 6/2002
Article 109a – paragraph 6
Article 109a – paragraph 6
6. A delegated act adopted pursuant to Articles 47b, 53a, 55a, 64a, 65a, 66a, 66d, 66f, 66i, 67c, 78a, -106a and -106aa shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.;
Amendment 109 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I – point 1
Annex I – point 1
EUR 2350.
Amendment 111 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex – point 6 – subpoint a
Annex – point 6 – subpoint a
(a) for the first period of renewal: EUR 790 per design;
Amendment 119 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex I
Annex I
19a. When the applicant is an SME as defined in the EU recommendation 2003/361EN, the fees referred to in point 1, point 4, point 6 - subpoint a, point 7 - subpoint a and point 13 of the Annex are reduced by 50%.