Changes from plenary report to adopted text

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 31, 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, subject to compliance with the principle of equal treatment between applicants and provided that the information required is available to the Office from other sources.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 40, Article 47(a) – paragraph 2: 2. The applicant may at any time amend the representation of the EU design applied for in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.

RemovedWhen a discrepancy between views of the design occurs, the current regulation allows the applicant to opt option between deleting conflicting views or splitting the application into two or more applications as necessary. The amendment seeks to solve such errors in a more efficient way.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 49, Article 50e – paragraph 1: 1. The representation of the registered EU design shall not be altered in the Register during the period of registration or on renewal thereof except in immaterial details, which merely remedy a lack of precision, certainty or clarity regarding the design for which EU design registration is sought.

RemovedWhen a discrepancy between views of the design occurs, the current regulation allows the applicant to opt option between deleting conflicting views or splitting the application into two or more applications as necessary. The amendment seeks to solve such errors in a more efficient way. In alignment with the amendment to Article 47a, paragraph 2.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 59, Article 55a – subparagraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 109a to supplement this Regulation by specifying the formal content of the notice of appeal and the proceedings for lodging and examining an appeal.

RemovedThis is a reference to the terms used in Article 73 of Regulation No 2017/2001.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 65 – point b, Article 65 - paragraph 5: 5. The Executive Director shall determine the amounts of expenses to be paid, including advances, to cover the costs of taking of evidence as referred to in this Article.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 67, 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.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 84, Article 72(a) – paragraph 3: 3. The Executive Director shall determine the conditions of access to the database and the manner in which the contents, other than the personal data referred to in paragraph 2 of this Article but including the data listed in Article 72, may be made available in machine-readable form, including the charges for such access if it is not free of charge. Any fees to be paid for accessing the database shall in no case exceed the actual cost of the costs directly incurred as a result of such access.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 93 – point a, Article 78 - paragraph 4 - subparagraph 2: Where the entitlement referred to in the first subparagraph, point (c), is not conditional upon the requirement of special professional qualifications, the person applying to be entered on the list who acts in design matters before the Benelux Office for Intellectual Property or a central industrial property office shall have gained professional experience in the field of designs for at least five years. However, persons whose professional qualification to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or a central industrial property office is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 100, Article 88 – paragraph 2: 2. On all design matters not covered by this Regulation, an EU design court shall apply the applicable national law.;

RemovedThere is no subject matter limitation in the Commission proposal, and it should mirror the EU Trade Mark Regulation’s provision (Article 129 (2)) ‘On all trade mark matters not covered by this Regulation, ....’.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 111, Article 102 – paragraph 1 – point e: (e) any other unit or person appointed by the Executive Director to that effect, provided that each of the persons so appointed has sufficient professional experience to enable him or her to make an effective contribution to the protection of designs.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 116, Article 106a(d) – paragraph 2: 2. The Office shall, however, 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.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 116, Article 106a(d) – paragraph 4 – subparagraph 1: Where an excessive sum is paid to cover a fee or a charge, the excess shall be refunded.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 116, Article 106a(d) – paragraph 4 – subparagraph 2: deleted

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 116, Article 106a(d) – paragraph 4 – subparagraph 3: deleted

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 127, Article 110b – paragraph 1: 1. By [OP please complete: please insert the date = the first day of the month following 60 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.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 12, Annex – point 1: EUR 350.

RemovedRegulation (EC) No 6/2002

RemovedArticle 1 – paragraph 1 – point 129, Annex – point 6: (a) for the first period of renewal: EUR 250 per design; / (b) for the second period of renewal: EUR 250 per design; / (c) for the third period of renewal: EUR 700 per design; / (d) for the fourth period of renewal: EUR 1400 per design.