Activities of Antonius MANDERS 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 (18)
Amendment 32 #
Proposal for a regulation
Recital 11
Recital 11
(11) The use of artificial intelligence and 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. 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.
Amendment 33 #
Proposal for a regulation
Recital 13
Recital 13
(13) To that effect, it should be permissible for holders of registered EU designs to prevent entry of infringing products and their placement in all customs situations, also when such products are not intended to be placed on the market of the Union. In performing customs controls, the customs authorities should make use of the powers and procedures laid down in Regulation (EU) No 608/2013 of the European Parliament and the Council32 , including at the request of the right holders. In particular, the customs authorities should carry out the relevant controls on the basis of risk analysis criteria. _________________ 32 Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
Amendment 37 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the marketing of design protected products, in particular by SMEs and individual designers, and to increase awareness of the design registration regimes existing both at Union and national level, a commonly accepted notice consisting of the symbol (DTM) should be available for used by design right holders and others with their consent.
Amendment 38 #
Proposal for a regulation
Recital 18
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, and in order to align the system for EU design applications to the system set out in Regulation (EU) 2017/1001, it should henceforth only be possible to file an EU design application at the Office. However, Member States should establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.
Amendment 40 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is desirable that Member States' central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all fields of design registration and administration in order to promote convergence of practices and tools, such as the creation and updating of common or connected databases and portals for consultation and search purposes. The Member States should further ensure that their central industrial property offices and the Benelux Office for Intellectual Property cooperate with each other and with the EUIPO in all other areas of their activities which are relevant for the protection of designs in the Union.
Amendment 42 #
Proposal for a regulation
Recital 22
Recital 22
(22) For reasons of efficiency and to streamline proceedings, the means of notifications and communications should be mainly electronic only.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 6/2002
Article 2
Article 2
The European Union Intellectual Property Office (‘the Office’), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council*, shall carry out the tasks entrusted to it by this Regulation. The Office shall communicate publically often and clearly about these tasks, in order to raise awareness and promote the possibilities of registering an EU design.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 6/2002
Article 19 – paragraph 3
Article 19 – paragraph 3
By way of derogation from Article 10(1), the holder of a registered EU design shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Union, that are not released for free circulation in the Union, where the design is identically incorporated in or applied to those products, or the design cannot be distinguished in its essential aspects from such products, and an authorisation has not been given.
Amendment 69 #
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
The holder of a registered EU design mayshall inform the public that the design is registered by displaying on the product in which the design is incorporated or to which it is applied the letter DTM enclosed within a circle. Such design notice may be accompanied by the registration number of the design or hyperlinked to the entry of the design in the Register.;
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Regulation (EC) No 6/2002
Article 35
Article 35
1a. Member States shall establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a
Article 1 – paragraph 1 – point 28 – point a
Regulation (EC) No 6/2002
Article 36a – paragraph 1
Article 36a – paragraph 1
1. A maximum number of 510 designs may be combined in one multiple application for registered EU designs. Each design contained in a multiple application shall be numbered by the Office in accordance with a system determined by the Executive Director.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 6/2002
Article 50d – paragraph 2
Article 50d – paragraph 2
2. The Office shall inform the right holder of the registered EU design and any person having a registered right in respect of the EU design of the expiry of the registration at least 6 months before the date of such expiry. Failure to give such information shall not involve the responsibility of the Office and shall not affect the expiry of the registrationbe deemed to constitute a request for renewal.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 51
Article 1 – paragraph 1 – point 51
Regulation (EC) No 6/2002
Article 50g – paragraph 2
Article 50g – paragraph 2
2. A single request may be made for a change of the name or address in respect of two or morby the holder of a single registrations of the same holderr multiple registrations.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 67
Article 1 – paragraph 1 – point 67
Regulation (EC) No 6/2002
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Notification shall be mainly effected by electronic means. The details regarding electronic means shall be determined by the Executive Director. The Office shall designate an official address for official communication with the Office.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EC) No 6/2002
Article –106ad
Article –106ad
2. The Office mayshall, however, in so far as is possible within the time remaining before the end of the period for payment, give the person making the payment the opportunity to pay the amount lacking or, where this is considered justified, overlook any small amounts lacking, without prejudice to the rights of the person making the payment.
Amendment 113 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex
Annex
(b) for the second period of renewal: EUR 14280 per design;
Amendment 115 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) No 6/2002
Annex
Annex
(c) for the third period of renewal: EUR 11280 per design;
Amendment 117 #
Proposal for a regulation
Annex I
Annex I
Regulation (EC) 6/2002
Annex
Annex
(d) for the fourth period of renewal: EUR 564480 per design.