Activities of Antonius MANDERS 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 (5)
Amendment 26 #
Proposal for a directive
Recital 28
Recital 28
(28) In view of the growing deployment of artificial intelligence and 3D printing technologies in diverse industries, and the resulting challenges for design right holders to effectively prevent the illegitimate, easy copying of their protected designs, 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 reproduction of a product that infringes the protected design, amounts to use of the design being subject to the right holder’s authorisation.
Amendment 27 #
Proposal for a directive
Recital 30
Recital 30
(30) To this effect, it should be permissible for registered design right holders to prevent the entry of infringing products and their placement in all customs situations, including, in particular transit, transhipment, warehousing, free zones, temporary storage, inward processing or temporary admission, also when such products are not intended to be placed on the market of the Member State concerned. 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 of the Council29 , also 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. _________________ 29 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 40 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
By way of derogation from Article 9(1), the holder of a registered design right shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Member State where the design is registered, that are not released for free circulation in that Member State, 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 51 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Directive 98/71/EC
Article 24
Article 24
The holder of a registered design right 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 53 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The office shall inform the holder of the registered design right of the expiry of the registration at least six months before the said expiry. The office shall not be held liable if it fails to give such information and such failure shall not affect the expiry of the registrationFailure to give such information shall be deemed to constitute a request for renewal.