Changes from report parliamentary committee draft to plenary report

Change 9

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.

AddedArticle 1 – paragraph 1 – point 21, Article 26(a) – paragraph 1: The holder of a registered EU design may 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 R 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.’; Any misuse of this indication may lead to legal proceedings.

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

Change 10

RemovedArticle 1 – paragraph 1 – point 65 – point b, Article 65 – paragraph 5: deleted / (deleted)

AddedArticle 1 – paragraph 1 – point 25, Article 35 - paragraph 1a (new): 1a. Member States shall establish a ‘one-stop shop' through which applicants can receive guidance, legal and technical support.

RemovedIt is not acceptable for the Executive Director alone to determine the amounts of expenses to be paid.

Change 11

RemovedArticle 1 – paragraph 1 – point 68, Article 66a: deleted / (deleted) / (deleted)

AddedArticle 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.

RemovedDelegation seems unnecessary as Article 66 entrusts the Executive Director with the task of establishing the detailed arrangements for notification.

Change 12

RemovedArticle 1 – paragraph 1 – point 84, Article 72a – 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.

AddedArticle 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.

RemovedAccess to the electronic database must not be on a payment basis, by analogy with access to the register.

AddedWhen 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.

Change 13

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 habitually worked in the area 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.

AddedArticle 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.

RemovedThe requirement of professional experience makes sense only if the experience is related to designs.

AddedWhen 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.

Change 14

RemovedArticle 1 – paragraph 1 – point 93 – point a, Article 78 – paragraph 6 – introductory part: 6. The Executive Director may grant an exemption from:

AddedArticle 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.

RemovedIt is difficult to understand how exactly these individual derogations from the requirement of five years’ professional practice are justified.

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

Change 15

RemovedArticle 1 – paragraph 1 – point 93 – point a, Article 78 – paragraph 6 – point b: deleted

AddedArticle 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.

RemovedIt is difficult to understand how exactly these individual derogations from the requirement of five years’ professional practice are justified.

Change 16

RemovedArticle 1 – paragraph 1 – point 109, Article 100 – paragraph 1: In addition to the powers conferred upon the Executive Director by Article 157(4), point (o), of Regulation (EU) 2017/1001, the Executive Director shall exercise the powers conferred under Article 36(5), Article 37(1), Article 41(4), Article 62(2), Articles 66, 66c, 66e, Article 72(4), Article 72a(3), Article 73, Article 74a(1), Articles 74c, 78, Article 98(7), Article -106aa, Article -106ab(1), Articles -106ac and -106ad in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.’;

AddedArticle 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.

RemovedTo take account of the deletions proposed by the rapporteur and correcting a clerical error.

Change 17

RemovedArticle 1 – paragraph 1 – point 111, Article 102 – point e: deleted

AddedArticle 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.

RemovedThe provision too vague, leading to legal uncertainty.

Change 18

RemovedArticle 1 – paragraph 1 – point 120, Article 107: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 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.

RemovedIt is clearer to keep the original list.

Change 19

RemovedArticle 1 – paragraph 1 – point 121, Article 107: deleted

AddedArticle 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.;

RemovedIt is clearer to keep the original list.

AddedThere 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, ....’.

Change 20

RemovedArticle 1 – paragraph 1 – point 124, Article 109a – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 47b, 53a, 55a, 64a, 65a, 66d, 66f, 66i, 67c, 78a and -106a 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]. please insert the date = the date of entry into force of this Regulation].

AddedArticle 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.

RemovedTaking into account the rapporteur’s amendment (deletion of the reference to Article 66a).

Change 21

RemovedArticle 1 – paragraph 1 – point 124, Article 109a – paragraph 6: 6. A delegated act adopted pursuant to Articles 47b, 53a, 55a, 64a, 66a, 66d, 66f, 66i, 67c, 78a and -106a 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 two months at the initiative of the European Parliament or of the Council.

AddedArticle 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.

RemovedTaking into account the rapporteur’s amendment (deletion of the reference to Article 66a).

Change 22

RemovedArticle 1 – paragraph 1 – point 127, Article 110 b – 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.

AddedArticle 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.

RemovedAn evaluation after 5 years of implementation seems more reasonable than after 7 years.

Change 23

RemovedAnnex I, Annex IV – point 6 – subpoint c: (c) for the third period of renewal: EUR 210 per design;

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

RemovedThis reasonable progressivity is more in line with the interests of companies, in particular SMEs.

Change 24

RemovedAnnex I, Annex – point 6 – point d: (d) for the fourth period of renewal: EUR 280 per design.

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

RemovedThis reasonable progressivity is more in line with the interests of companies, in particular SMEs.

AddedRegulation (EC) No 6/2002

AddedArticle 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.

AddedRegulation (EC) No 6/2002

Change 25 under “EXPLANATORY MEMORANDUM”

ChangedThe rapporteur broadly agrees with the proposed guidelines, but suggests some 20 amendments which seek primarily to bolster legal certainty. The main aims are to clarify the ‘repair clause’ (recital 16, Article 20a), to remove powers from the Executive Director which are difficult to justify (Articles 42, 65, 72a, 78, 100 and 102), and to reduceincrease the amount of the fees for 3rd and 4threnewal renewalsfees (annex).