Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

A design which complies with the conditions contained in this Regulation is hereinafter referred to as a ‘European Union design’ (‘EU design’).

A design shall be protected:

A EU design shall have a unitary character. It shall have equal effect throughout the  Union. It shall not be registered, transferred or surrendered or be the subject of a decision declaring it invalid, nor shall its use be prohibited, save in respect of the whole  Union. This principle and its implications shall apply unless otherwise provided in this Regulation.

A design shall be protected by an EU design, if it is new and has individual character.

A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:

‘Normal use’ within the meaning of paragraph (2)(a) shall mean use by the end user, excluding maintenance, servicing or repair work.

A design shall be considered to be new if no identical design has been made available to the public:

Designs shall be deemed to be identical if their features differ only in immaterial details.

A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public:

In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, before the date referred to in Articles 5(1)(a) and 6(1)(a) or in Articles 5(1)(b) and 6(1)(b), as the case may be, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the  Union. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 if the disclosed design, which is identical with or does not differ in its overall impression from the design for which protection is claimed under a registered EU design, has been made available to the public:

Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.

A EU design shall not subsist in features of appearance of a product which are solely dictated by its technical function.

A EU design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function.

Notwithstanding paragraph 2, a  EU design shall under the conditions set out in Articles 5 and 6 subsist in a design serving the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system.

The scope of the protection conferred by a  EU design shall include any design which does not produce on the informed user a different overall impression.

In assessing the scope of protection, the degree of freedom of the designer in developing his design shall be taken into consideration.

A design which meets the requirements under Section 1 shall be protected by an unregistered  EU design for a period of three years as from the date on which the design was first made available to the public within the  Union.

For the purpose of paragraph 1, a design shall be deemed to have been made available to the public within the Community if it has been published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

Protection of a registered EU design shall arise upon registration by the Office.

A registered EU design shall be registered for a period of five years calculated from the date of filing of the application for registration. The right holder may renew the registration, in accordance with Article 50d, for one or more periods of five years each, up to a total term of protection of 25 years from the date of filing of the application for registration.

The right to the  EU design shall vest in the designer or his successor in title.

If two or more persons have jointly developed a design, the right to the  EU design shall vest in them jointly.

However, where a design is developed by an employee in the execution of his duties or following the instructions given by his employer, the right to the  EU design shall vest in the employer, unless otherwise agreed or specified under national law.

If an unregistered EU design is disclosed or claimed by a person who is not entitled to it under Article 14 or if a registered EU design has been applied for or registered in the name of such a person, the person entitled to it under that Article may, without prejudice to any other remedy which may be open to that person, claim before the competent court or authority of the Member State concerned recognition as the legitimate holder of the EU design.

Where a person is jointly entitled to an EU design, that person may, in accordance with paragraph 1, claim recognition as joint holder.

Proceedings under paragraphs 1 or 2 shall be barred three years after the date of publication of a registered EU design or the date of disclosure of an unregistered EU design. This provision shall not apply if the person who is not entitled to the EU design was acting in bad faith at the time when such design was applied for, disclosed or acquired.

The person entitled to an EU design under Article 14 may submit a request, pursuant to paragraph 1 of this Article, for a change of ownership to the Office, together with a final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design.

In the case of a registered EU design, the following shall be entered in the Register of EU designs referred to in Article 72 (“the Register”):

Where there is a complete change of ownership of a registered EU design as a result of proceedings under Article 15(1), licences and other rights shall lapse upon the entry in the Register of the new holder of the registered EU design.

If, before the institution of proceedings under Article 15(1) has been registered, the holder or a licensee of the registered EU design has exploited the design within the Union or made serious and effective preparations to do so, that holder or licensee may continue such exploitation provided that they request, within a period of three months of the date of the entry in the Register of the new holder, a non-exclusive licence from the new holder whose name is entered in the Register. The licence shall be granted for a reasonable period and upon reasonable terms.

Paragraph 2 shall not apply if the holder of the registered EU design or the licensee was acting in bad faith at the time when that holder or licensee began to exploit the design or to make preparations to do so.

A registered EU design shall confer on its holder the exclusive right to use it and to prevent any third party not having the consent of the holder from using it.

The following, in particular, may be prohibited under paragraph 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 the right holder’s authorisation has not been given.

The holder of an unregistered EU design shall be entitled to prevent acts referred to in paragraphs 1 and 2 only if the contested use results from copying the protected design.

Paragraph 4 of this Article shall also apply to a registered EU design subject to deferment of publication as long as the relevant entries in the Register and the file have not been made available to the public in accordance with Article 50(4).

The rights conferred by an EU design shall not be exercised in respect of:

Paragraph 1, points (c), (d) and (e), shall only apply where the acts are compatible with fair trade practices and do not unduly prejudice the normal exploitation of the design, and in the case referred to in point (c), where mention is made of the source of the product in which the design is incorporated or to which the design is applied.

Protection shall not be conferred on an EU design which constitutes a component part of a complex product upon whose appearance the design of the component part is dependent, and which is used within the meaning of Article 19(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.

Paragraph 1 shall not 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 commercial origin, and the identity of the manufacturer, 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.

The manufacturer or seller of a component part of a complex product shall not be required to guarantee that the component parts they make or sell are ultimately used by end users for the sole purpose of repair so as to restore the original appearance of the complex product.

A right of prior use shall exist for any third person who can establish that before the date of filing of the application, or, if a priority is claimed, before the date of priority, he has in good faith commenced use within the  Union, or has made serious and effective preparations to that end, of a design included within the scope of protection of a registered  EU design, which has not been copied from the latter.

The right of prior use shall entitle the third person to exploit the design for the purposes for which its use had been effected, or for which serious and effective preparations had been made, before the filing or priority date of the registered  EU design.

The right of prior use shall not extend to granting a licence to another person to exploit the design.

The right of prior use cannot be transferred except, where the third person is a business, along with that part of the business in the course of which the act was done or the preparations were made.

A registered  EU design shall be declared invalid on application to the Office in accordance with the procedure in Titles VI and VII or by a  EU design court on the basis of a counterclaim in infringement proceedings.

An EU design may be declared invalid even after the EU design has lapsed or has been surrendered, if the applicant shows a legitimate interest in obtaining a decision on the merits.

An unregistered  EU design shall be declared invalid by a  EU design court on application to such a court or on the basis of a counterclaim in infringement proceedings.

An EU design may be declared invalid only in the following situations:

The grounds for invalidity provided for in paragraph 1, points (a) and (b), may be invoked by the following:

The ground for invalidity provided for in paragraph 1, point (c), of this Article, may be invoked solely by the person who is entitled to the EU design under Article 14.

The grounds for invalidity provided for in paragraph 1, points (d), (e) and (f), may be invoked solely by the following:

The ground for invalidity provided for in paragraph 1, point (g), may be invoked solely by the person or entity concerned by the improper use.

By way of derogation from paragraphs 4 and 5, Member States may provide that the grounds provided for in paragraph 1, points (d) and (g) may also be invoked by the appropriate authority of the Member State in question on its own initiative.

A registered EU design shall not be declared invalid where the applicant for or holder of one of the rights referred to in paragraph 1, points (d) to (f), consented expressly to the registration of the EU design before submitting the application for a declaration of invalidity or the counterclaim.

Where the applicant for or a holder of one of the rights referred to in paragraph 1, points (d), (e) and (f), has previously applied for a declaration that an EU design is invalid or made a counterclaim in infringement proceedings, they shall not submit a new application for a declaration of invalidity or lodge a new counterclaim on the basis of any of the other rights referred to in those points, which could have been invoked in support of the first application or counterclaim.

An EU design which is declared invalid shall be deemed not to have had the effects specified in this Regulation as from the outset.

Subject to the national provisions relating either to claims for compensation for damage caused by negligence or lack of good faith on the part of the holder of the  EU design, or to unjust enrichment, the retroactive effect of invalidity of the  EU design shall not affect:

Unless Articles 28, 29, 30, 31 and 32 provide otherwise, a  EU design as an object of property shall be dealt with in its entirety, and for the whole area of the  Union, as a national design right of the Member State in which:

In the case of a registered  EU design, paragraph 1 shall apply according to the entries in the register.

In the case of joint holders, if two or more of them fulfil the condition under paragraph 1, the Member State referred to in that paragraph shall be determined:

Where paragraphs 1, 2 and 3 do not apply, the Member State referred to in paragraph 1 shall be the Member State in which the seat of the Office is situated.

An assignment of a registered EU design shall be made in writing and shall be signed by the parties to the contract, except when it is the result of a judgment.

At the request of one of the parties, a transfer of a registered EU design shall be entered in the Register and published.

An application for registration of a transfer in the Register shall contain information identifying the registered EU design, the new holder and, where applicable, the representative of the new holder. It shall also contain documents duly establishing the transfer in accordance with paragraph 1.

Where the conditions for the registration of a transfer, as laid down in paragraph 1 of this Article or in the implementing acts referred to in Article 28a, are not fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for registration of the transfer.

A single application for registration of a transfer may be submitted for two or more registered EU designs, provided that the registered holder and the successor in title are the same for all those registered EU designs.

As long as the transfer has not been entered in the Register, the successor in title may not invoke the rights arising from the registration of the registered EU design.

Where there are time limits to be observed in dealings with the Office, the successor in title may make the corresponding statements to the Office once the application for registration of the transfer has been received by the Office.

All documents which require notification to the holder of the registered EU design in accordance with Article 66 shall be addressed to the person registered as holder in the Register.

A registered  EU design may be given as security or be the subject of rights in rem.

On request of one of the parties, the rights mentioned in paragraph 1 shall be entered in the register and published.

A registered  EU design may be levied in execution.

As regards the procedure for levy of execution in respect of a registered  EU design, the courts and authorities of the Member State determined in accordance with Article 27 shall have exclusive jurisdiction.

On request of one of the parties, levy of execution shall be entered in the register and published.

The only insolvency proceedings in which an EU design may be involved are those opened in the Member State within the territory of which the debtor has his centre of main interests.

For insurance undertakings as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council ([^E0003]) and credit institutions as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council ([^E0004]), the centre of main interests referred to in paragraph 1 shall be the Member State where the undertaking or institution has been authorised.

In the case of joint holdership of an EU design, paragraph 1 shall apply to the share of the joint holder.

Where an EU design is involved in insolvency proceedings, an entry to this effect shall, at the request of the competent national authority, be made in the Register and published.

An EU design may be licensed for the whole or part of the Union. A licence may be exclusive or non-exclusive.

The holder may invoke the rights conferred by the EU design against a licensee who contravenes any provision in the licensing contract with regard to:

If not stated otherwise in the licensing contract, the licensee may bring proceedings for infringement of an EU design only if its holder consents thereto. However, the holder of an exclusive licence may bring such proceedings if the holder of the EU design, after a formal notice, does not bring infringement proceedings within an appropriate period.

A licensee shall, for the purpose of obtaining compensation for damage suffered, be entitled to intervene in infringement proceedings brought by the holder of the EU design.

Article 28(3), the rules adopted pursuant to Article 28a, and Article 28(5) shall apply mutatis mutandis to the registration of a right in rem or transfer of a right in rem referred to in Article 29, the levy of execution referred to in Article 30, the involvement in insolvency proceedings referred to in Article 31, as well as to the registration of a licence or transfer of a licence as referred to in Article 32. However, the requirement concerning documents duly establishing the transfer set out in Article 28(3) shall not apply where the request is made by the holder of the EU design.

The application for registration of the rights referred to in paragraph 1 shall not be deemed to have been filed until the required fee has been paid.

The application for registration of a licence may contain a request to record such licence in the Register as one or more of the following:

Where the conditions for registration of licences and other rights set out in this Regulation are not fulfilled, the Office shall notify the applicant of the deficiency. If the deficiency is not remedied within the time limit specified by the Office, it shall reject the application for registration.

Legal acts referred to in Articles 28, 29 and 32 concerning an EU design shall only have effect vis-à-vis third parties in all the Member States after entry in the Register. Nevertheless, such an act, before it is so entered, shall have effect vis-à-vis third parties who have acquired rights in the registered EU design after the date of that act but who knew of the act at the date on which the rights were acquired.

Paragraph 1 shall not apply to a person who acquires the registered EU design or a right concerning the registered EU design by way of transfer of the whole of the undertaking or by any other universal succession.

The effects vis-à-vis third parties of the legal acts referred to in Article 30 shall be governed by the law of the Member State determined in accordance with Article 27.

The effects of bankruptcy or similar proceedings vis-à-vis third parties shall be governed by the law of the Member State in which such proceedings are first brought within the meaning of national law or of conventions applicable in this field.

A registration effected under Article 32a(1) shall be cancelled or modified upon application by one of the parties concerned.

The application for cancellation or modification of the registration shall contain the registration number of the registered EU design, or in the case of a multiple registration, the number of each design, and the particulars of the right for which registration is requested to be cancelled or modified.

The application for cancellation or modification of the registration shall be accompanied by documents showing that the registered right no longer exists or that the licensee or the holder of another right consents to the cancellation or modification of the registration.

Where the requirements for cancellation or modification of the registration are not satisfied, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for cancellation or modification of the registration.

An application for a registered EU design shall be filed at the Office.

The Office shall issue to the applicant, without delay, a receipt which shall include at least the file number, a representation, description or other identification of the design, the nature and the number of documents and the date of their receipt. In the case of a multiple application, the receipt issued by the Office shall specify the first design and the number of designs filed.

An application for a registered EU design shall contain:

The application shall further contain an indication of the products in which the design is intended to be incorporated or to which it is intended to be applied.

In addition, the application may contain:

The application shall be subject to the payment of the application fee. Where a request for deferment under paragraph 3, point (b), is filed, it shall be subject to an additional fee for deferment of publication.

In addition to the requirements referred to in paragraphs 1 to 4, an application for a registered EU design shall comply with the formal requirements laid down in this Regulation and in the implementing acts adopted pursuant to it. To the extent that those requirements relate to the design representation as referred to in paragraph 1, point (c), and the means of representation, the Executive Director shall determine the manner of numbering different views in the event of representation by static views, the formats and size of an electronic file as well as any other relevant technical specification. If those requirements provide for the identification of a subject matter for which no protection is sought by way of certain types of visual disclaimers or for the filing of certain specific types of views, the Executive Director may determine that additional types of visual disclaimers and specific types of views are permitted.

The information contained in the elements mentioned in paragraph 2 and in paragraph 3(a) and (d) shall not affect the scope of protection of the design as such.

A maximum number of 50 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 to be determined by the Executive Director.

In addition to the fees referred to in Article 36(4), the multiple application shall be subject to payment of an application fee in respect of each additional design included in the multiple application and, in the event the application contains a request for deferment of publication, a fee for deferment of publication in respect of each design included in the multiple application for which deferment is requested.

The multiple application shall comply with the formal requirements laid down in the implementing acts adopted pursuant to Article 37a.

Each of the designs contained in a multiple application or a registration based on such application may be dealt with separately from the others. Such a design may, separately from the others, be enforced, be licensed, be the subject of a right in rem, a levy of execution or insolvency proceedings, be surrendered, renewed or assigned, be the subject of deferred publication or be declared invalid.

Products in which an EU design is intended to be incorporated or to which it is intended to be applied shall be classified in accordance with the Locarno Classification, as amended and in force at the date of filing of the application.

The product indication, as referred to in Article 36(2), shall identify clearly and precisely the nature of the products and shall enable each product to be classified in only one class and subclass of the Locarno Classification, if possible using the harmonised database of product indications made available by the Office. The product indication shall accord with the representation of the design.

The products shall be grouped according to the classes of the Locarno Classification, each group being preceded by the number of the class to which that group of products belongs and presented in the order of the classes and subclasses under that classification.

When the applicant uses product indications which are not contained in the database referred to in paragraph 2, or which do not accord with the representation of the design, the Office may propose product indications from that database. Where the applicant does not reply within the time limit specified by the Office, it may proceed with the examination based on the proposed product indications.

A person who has duly filed an application for a design right or for a utility model in or for any State party to the Paris Convention, or to the Agreement establishing the World Trade Organization, or his successors in title, shall enjoy, for the purpose of filing an application for a registered EU design in respect of the same design or utility model, a right of priority for a period of six months from the date of filing of the first application.

Every filing that, under the national law of the State where it was made or under bilateral or multilateral agreements, is sufficient to establish the date on which the application was filed, whatever the outcome of the application may be, shall be recognised as giving rise to a right of priority.

A subsequent application for a design which was the subject of a previous first application, and which is filed in or in respect of the same State, shall be considered to be the first application for the purpose of determining priority, provided that, at the date of the filing of the subsequent application, the previous application has been withdrawn, abandoned or refused without being open to public inspection and without leaving any rights outstanding, and has not served as a basis for claiming a right of priority. The previous application shall not thereafter serve as a basis for claiming a right of priority.

If the first filing has been made in a State which is not a party to the Paris Convention, or to the Agreement establishing the World Trade Organization, paragraphs 1 to 3 shall apply only in so far as that State, according to published findings, grants, on the basis of the first filing made at the Office and subject to conditions equivalent to those laid down in this Regulation, a right of priority having equivalent effect. The Executive Director shall, where necessary, request the Commission to consider enquiring as to whether that State accords such reciprocal treatment. If the Commission determines that reciprocal treatment is accorded, it shall publish a communication to that effect in the Official Journal of the European Union.

The right of priority referred to in paragraph 4 shall apply from the date of publication in the Official Journal of the European Union of the communication determining that reciprocal treatment is accorded, unless the communication states an earlier date from which it is applicable. It shall cease to apply from the date of publication in the Official Journal of the European Union of a communication of the Commission to the effect that reciprocal treatment is no longer accorded, unless the communication states an earlier date from which it is applicable.

Communications referred to in paragraphs 4 and 5 shall also be published in the Official Journal of the Office.

An applicant for a registered EU design desiring to take advantage of the priority of a previous application shall file a declaration of priority either together with the application or within two months of the date of filing. Such declaration of priority shall include the date and country of the previous application. The file number of the previous application and the documentation in support of the priority claim shall be filed within three months of the date of filing of the declaration of priority.

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 what is required under the implementing acts adopted pursuant to Article 42a, subject to compliance with the principle of equal treatment of applicants and provided that the information required is available to the Office from other sources.

If an applicant for a registered EU design has disclosed products in which the design is incorporated, or to which it is applied, at an official or officially recognised international exhibition falling within the 1928 Convention on International Exhibitions as last revised on 30 November 1972, the applicant may, if the application is filed within a period of six months from the date of the first disclosure of such products, claim a right of priority from that date.

An applicant who wishes to claim priority pursuant to paragraph 1 shall file a declaration of priority either together with the application or within two months of the date of filing. The applicant shall, within three months of the declaration of priority, file evidence that the products in which the design is incorporated, or to which it is applied, have been disclosed within the meaning of paragraph 1.

An exhibition priority granted in a Member State or in a third country shall not extend the period of priority laid down in Article 41.

The Office shall examine whether the application for a registered EU design complies with the requirements for the accordance of a date of filing laid down in Article 38.

The Office shall examine whether:

Where the application for a registered EU design does not satisfy the requirements referred to in paragraph 1 or 2, the Office shall request the applicant to remedy the deficiencies or the default on payment within two months of the notification of that request.

If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 1, the application shall not be dealt with as an application for a registered EU design. If the applicant complies with that request with regard to those requirements, the Office shall accord as the date of filing of the application the date on which the deficiencies or the default on payment are remedied.

If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 2, points (a) and (b), the Office shall refuse the application.

If the applicant does not comply with the Office’s request referred to in paragraph 3 to comply with the requirements referred to in paragraph 2, point (c), the application shall be refused in respect of the additional designs unless it is clear which designs the amount paid is intended to cover. In the absence of other criteria to determine which designs are intended to be covered, the Office shall treat the designs in the consecutive numerical order in which they are contained in the multiple application. The application shall be refused in respect of those designs for which the additional fee for deferment of publication has not been paid or has not been paid in full.

Failure to satisfy the requirements concerning a priority claim shall result in the loss of the right of priority for the application.

If the Office, in carrying out the examination pursuant to Article 45 of this Regulation, notices that the design for which protection is sought does not correspond to the definition in Article 3, point (1), of this Regulation, that it is contrary to public policy or to accepted principles of morality or, without the consent of the competent authorities to the registration having been given, that it constitutes an improper use of any of the items listed in Article 6ter of the Paris Convention, or of badges, emblems and escutcheons other than those covered by Article 6ter of that Convention and which are of particular public interest in a Member State, it shall notify the applicant that the design is non-registrable, specifying the ground for non-registrability.

In the notification referred to in paragraph 1, the Office shall specify a period within which the applicant may submit observations, withdraw the application or the objected views or submit an amended representation of the design that differs only in immaterial details from the representation as originally filed.

Where the applicant fails to overcome the grounds for non-registrability, the Office shall refuse the application. If those grounds concern only some of the designs contained in a multiple application, the Office shall refuse the application only in so far as those designs are concerned.

The applicant may at any time withdraw an EU design application or, in the case of a multiple application, withdraw some of the designs contained in the application.

The applicant may at any time amend the representation of the EU design applied for in immaterial details.

If the requirements for an application for a registered EU design have been fulfilled, and to the extent that the application has not been refused pursuant to Article 47, the Office shall enter the design contained in the application and the particulars referred to in Article 72(2) in the Register.

If the application contains a request for deferment of publication pursuant to Article 50, an indication of that request and the date of expiry of the period of deferment shall also be entered in the Register.

The registration shall bear the date of filing of the application referred to in Article 38.

The fees payable pursuant to Article 36(4) and Article 37(2) shall not be refunded even if the design applied for is not registered.

The applicant for a registered EU design may request, when filing the application, that the publication of the registered EU design be deferred for a period of up to 30 months from the date of filing of the application or, if priority is claimed, from the date of priority.

Upon a request referred to in paragraph 1 of this Article, where the conditions set out in Article 48 are satisfied, the registered EU design shall be registered, but neither the representation of the design nor any file relating to the application shall, subject to Article 74(2), be open to public inspection.

The Office shall publish in the EU Designs Bulletin an indication of a request referred to in paragraph 1. The indication shall be accompanied by information identifying the right holder of the registered design, the name of the representative, if any, the date of filing of the application and of registration of the design, and the file number of the application. Neither the representation of the design nor any particulars identifying its appearance shall be published.

At the expiry of the period of deferment, or at any earlier date requested by the right holder, the Office shall open to public inspection all the entries in the Register and the file relating to the application and shall publish the registered EU design in the EU Designs Bulletin.

The right holder may prevent publication of the registered EU design as referred to in paragraph 4 of this Article, by submitting a request for surrender of the EU design in accordance with Article 51 at the latest three months before expiry of the period of deferment. Any requests for the entry of the surrender in the Register that do not comply with the requirements set out in Article 51 and the implementing acts adopted pursuant to Article 51a, or that are submitted after the three month-time limit referred to in this paragraph, shall be rejected.

In the case of a registration on the basis of a multiple application pursuant to Article 37, the holder shall, together with the request for earlier publication referred to in paragraph 4 or the request for surrender referred to in paragraph 5, clearly indicate which of the designs contained in that application are to be published earlier or surrendered and for which designs deferment of publication is to be continued.

If the holder fails to comply with the requirement set out in paragraph 6, the Office shall request the holder to remedy the deficiency within a specified time limit, which shall in no case expire after the 30-month deferment period.

Failure to remedy the deficiency referred to in paragraph 7 within the specified time limit shall result in the request for early publication being deemed not to have been filed or the request for surrender being rejected.

The institution of legal proceedings on the basis of a registered EU design during the period of deferment of publication shall be subject to the condition that the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is brought.

Registration of the EU design shall be renewed at the request of the right holder of the registered EU design or of any person expressly authorised by the right holder to request the renewal, provided that the renewal fees have been paid.

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 six 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 registration.

The request for renewal shall be submitted within a six months period prior to the expiry of the registration. The renewal fee shall also be paid within that period.

The request for renewal referred to in paragraph 1 shall include:

In the case of a registration on the basis of a multiple application pursuant to Article 37, where the fees paid are insufficient to cover all the designs for which renewal is requested, registration shall be renewed in respect of those designs which the amount paid is clearly intended to cover. In the absence of other criteria for determining which designs are intended to be covered, the Office shall treat the designs in the consecutive numerical order in which they are contained in the multiple application.

Renewal shall take effect from the day following the date on which the existing registration expires. The renewal shall be entered in the Register.

Where the request for renewal is filed within the periods provided for in paragraph 3, but the other conditions for renewal provided for in this Article are not satisfied, the Office shall inform the applicant of the deficiencies found.

Where a request for renewal is not submitted or is submitted after the expiry of the period provided for in paragraph 3, or where the fees are not paid or are paid only after the period in question has expired, or where the deficiencies referred to in paragraph 7 are not remedied within that period, the Office shall determine that the registration has expired and shall notify the holder of the EU design accordingly. Where the determination has become final, the Office shall cancel the design from the Register. The cancellation shall take effect from the day following the date on which the existing registration expired. Where the renewal fees have been paid but the registration is not renewed, those fees shall be refunded.

A single request for renewal may be submitted for two or more designs provided that the holder or the representative is the same for all designs covered by the request. The required renewal fee shall be paid in respect of each design for which renewal is requested.

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.

A request by the holder for alteration shall include the representation of the registered EU design in its altered version.

A request for alteration shall be deemed not to have been filed until the required fee has been paid. If the fee has not been paid or has not been paid in full, the Office shall inform the holder accordingly. A single request may be made for the alteration of the same element in two or more registrations, provided that the holder is the same for all designs. The required alteration fee shall be paid in respect of each registration to be altered. If the requirements for the alteration of the registration set out in this Article and the implementing acts adopted pursuant to Article 50f are not fulfilled, the Office shall communicate the deficiency to the holder. If the deficiency is not remedied within the time limit specified by the Office, the Office shall reject the request for alteration.

The publication of the registration of the alteration shall contain a representation of the registered EU design as altered.

The holder of a registered EU design shall inform the Office about a change of the holder’s name or address, which is not the consequence of a transfer or a change of ownership of the registered EU design.

A single request may be made for a change of the name or address in respect of two or more registrations of the same holder.

If the requirements for a change of name or address set out in this Article and in the implementing acts adopted pursuant to Article 50h are not fulfilled, the Office shall communicate the deficiency to the holder of the registered EU design. If the deficiency is not remedied within the time limit specified by the Office, the Office shall reject the request.

Paragraphs 1, 2 and 3 shall also apply to a change of the name or address of the registered representative.

The Office shall enter the particulars referred to in Article 72(3), points (a) and (b), in the Register.

Paragraphs 1 to 4 shall apply to applications for registered EU designs. The change shall be entered in the files kept by the Office concerning the EU design application.

The surrender of a registered EU design shall be declared to the Office in writing by the right holder. It shall not have effect until it has been entered in the Register.

If an EU design which is subject to deferment of publication is surrendered it shall be deemed from the outset not to have had the effects specified in this Regulation.

A surrender shall be registered only with the agreement of the proprietor of a right entered in the Register. If a licence has been registered, a surrender shall be entered in the Register only if the holder of the registered EU design proves that the licensee has been informed about the holder’s intention to surrender. The entry of the surrender shall be made on expiry of the three-month period after the date on which the holder satisfies the Office that the licensee has been informed of the intention to surrender, or before the expiry of that period, as soon as the holder proves that the licensee has given consent.

If proceedings pursuant to Article 15 relating to the entitlement to a registered EU design have been instituted before the competent court or authority, the Office shall not enter the surrender in the Register without the agreement of the claimant.

If the requirements governing surrender set out in this Article and in the implementing acts adopted pursuant to Article 51a are not fulfilled, the Office shall communicate the deficiencies to the right holder declaring the surrender. If the deficiencies are not remedied within the time limit specified by the Office, the Office shall not enter the surrender in the Register.

Subject to Article 25(2) to (5), any natural or legal person, as well as a public authority empowered to do so, may submit to the Office an application for a declaration of invalidity of a registered EU design.

The application shall be filed in a written reasoned statement. It shall not be deemed to have been filed until the fee for an application for a declaration of invalidity has been paid.