Activities of Pierre KARLESKIND related to 2022/0392(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
Amendments (8)
Amendment 22 #
Proposal for a directive
Recital 18
Recital 18
(18) While design features do not need to be visible at any particular time or in any particular situation in order to benefit from design protection, as an exception to this principle, protection should not be extended to those component parts which are not visperceptible during normal use of a complex product, or to those features of such part which are not visperceptible when the part is mounted, or which would not, in themselves, fulfil the requirements as to novelty and individual character. Therefore, those features of design of component parts of a complex product which are excluded from protection for these reasons should not be taken into consideration for the purpose of assessing whether other features of the design fulfil the requirements for protection.
Amendment 33 #
Proposal for a directive
Recital 35
Recital 35
(35) It is therefore necessary for the smooth functioning of the internal market and in order to ensure fair competition therein to approximate the design protection laws of the Member States as concerns the use of protected designs for the purpose of repair of a complex product so as to restore its original appearance through the insertion of a repair clause similar to that already contained in Regulation (EC) No 6/2002 and applicable to EU designs at Union level but explicitly applying to form-dependent component parts of complex products only. As the intended effect of such repair clause is to make 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 design right infringement under this Directive. 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 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 the repair of the complex product.
Amendment 35 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) if the component part, once it has been incorporated into the complex product, remains visperceptible during normal use of the latter; and
Amendment 36 #
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) to the extent that those visperceptible features of the component part fulfil in themselves the requirements as to novelty and individual character.
Amendment 37 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. A registered 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 registration .
Amendment 44 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, about the originproducer (as defined in Art. 2 (e) of Directive 2001/95/EC) 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 48 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where at the time of adoption of this Directive the national law of a Member State provides protection for designs within the meaning of paragraph 1, the Member State shall, by way of derogation from paragraph 1, continue until …[OP please insert the date = ten years from the date of entry into force of this Directive] to provide that protection for designs for which registration has been applied before theis protection shall end from the date of entry into force of this Directive.
Amendment 50 #
Proposal for a directive
Article 24
Article 24