LegalizeCommission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs
CHAPTER I
APPLICATION PROCEDURE
Article 1
Content of the application
The application for a registered EU design shall contain:
(a) a request for registration of the design as a registered EU design;
(b) the name, address and nationality of the applicant and the State in which the applicant is domiciled or in which it has its seat or establishment. Names of natural persons shall take the form of the family name and the given name(s). Names of legal entities shall be indicated by their official designation, which may be abbreviated in a customary manner; furthermore, the State whose law governs such entities shall be indicated. The telephone numbers as well as fax numbers and details of other data-communications links, such as electronic mail, may be given. Only one address shall, in principle, be indicated for each applicant; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the applicant designates one of the addresses as an address for service. If the Office has given the applicant an identification number, it shall be sufficient to mention that number together with the name of the applicant;
(c) a representation of the design in accordance with Article 4;
(d) an indication, in accordance with Article 3(3), of the products in which the design is intended to be incorporated or to which it is intended to be applied;
(e) if the applicant has appointed a representative, the name of that representative and the address of his/her place of business in accordance with point (b); if the representative has more than one business address or if there are two or more representatives with different business addresses, the application shall indicate which address shall be used as an address for service; where no such indication is made, only the first-mentioned address shall be taken into account as an address for service. If there is more than one applicant, the application may indicate the appointment of one applicant or representative as common representative. If an appointed representative has been given an identification number by the Office, it shall be sufficient to mention that number together with the name of the representative;
(f) if applicable, a declaration that priority of a previous application is claimed pursuant to Article 42 of Regulation (EC) No 6/2002, stating the date on which the previous application was filed and the country in which or for which it was filed;
(g) if applicable, a declaration that exhibition priority is claimed pursuant to Article 44 of Regulation (EC) No 6/2002, stating the name of the exhibition and the date of the first disclosure of the products in which the design is incorporated or to which it is applied;
(h) a specification of the language in which the application is filed, and of the second language pursuant to Article 98(2) of Regulation (EC) No 6/2002;
(i) the signature of the applicant or his/her representative in accordance with Article 65.
The application may contain:
(a) a single description per design not exceeding 100 words explaining the representation of the design; the description must relate only to those features which appear in the reproductions of the design; it shall not contain statements as to the purported novelty, the individual character of the design, or its technical value;
(b) a request for deferment of publication of registration in accordance with Article 50(1) of Regulation (EC) No 6/2002;
(c) an indication of the ‘Locarno classification’ of the products contained in the application, that is to say, of the class or classes and the subclass or subclasses to which they belong in accordance with the Annex to the Agreement establishing an international classification for industrial designs, signed at Locarno on 8 October 1968 (hereinafter ‘the Locarno Agreement’), referred to in Article 3 and subject to Article 2(2);
(d) the citation of the designer or of the team of designers or a statement signed by the applicant to the effect that the designer or team of designers has waived the right to be cited under Article 36(3)(e) of Regulation (EC) No 6/2002.
Article 2
Multiple application
Article 3
Classification and indication of products
Article 4
Representation of the design
The representation of the design shall consist in a graphic or photographic reproduction of the design, either in black and white or in colour. It shall meet the following requirements:
(a) save where the application is filed by electronic means pursuant to Article 67, the representation must be filed on separate sheets of paper or reproduced on the page provided for that purpose in the form made available by the Office pursuant to Article 68;
(b) in the case of separate sheets of paper, the design shall be reproduced on opaque white paper and either pasted or printed directly on it. Only one copy shall be filed and the sheets of paper shall not be folded or stapled;
(c) the size of the separate sheet shall be DIN A4 size (29,7 cm × 21 cm) and the space used for the reproduction shall be no larger than 26,2 cm × 17 cm. A margin of at least 2,5 cm shall be left on the left-hand side; at the top of each sheet of paper the number of views shall be indicated pursuant to paragraph 2 and, in the case of a multiple application, the consecutive number of the design; no explanatory text, wording or symbols, other than the indication ‘top’ or the name or address of the applicant, may be displayed thereon;
(d) where the application is filed by electronic means, the graphic or photographic reproduction of the designs shall be in a data format determined by the Executive Director of the Office; the manner of identifying the different designs contained in a multiple application, or the different views, shall be determined by the Executive Director of the Office;
(e) the design shall be reproduced on a neutral background and shall not be retouched with ink or correcting fluid. It shall be of a quality permitting all the details of the matter for which protection is sought to be clearly distinguished and permitting it to be reduced or enlarged to a size no greater than 8 cm by 16 cm per view for entry in the Register of EU designs provided for in Article 72 of Regulation (EC) No 6/2002, hereinafter ‘the Register’, and for direct publishing in the EU designs Bulletin referred to in Article 73 of that Regulation.
In cases where more than seven views are provided, the Office may disregard for registration and publication any of the extra views. The Office shall take the views in the consecutive order in which the views are numbered by the applicant.
The size limits set out in paragraph 1(c) shall apply.
Article 8
Claiming priority
The applicant shall submit to the Office the indications and evidence referred to in paragraph 1 within three months of receipt of the declaration of priority.
Article 9
Exhibition priority
That certificate shall declare that the design was incorporated in or applied to the product and disclosed at the exhibition, and shall state the opening date of the exhibition and, where the first disclosure of the product did not coincide with the opening date of the exhibition, the date of such first disclosure. The certificate shall be accompanied by an identification of the actual disclosure of the product, duly certified by that authority.
Article 11
Examination of grounds for non-registrability
Article 11a
Examination of grounds for refusal
The time limit specified in paragraph 2 of this Article shall apply mutatis mutandis.
Where, pursuant to Article 12(2) of the Geneva act, the holder does not submits observations that would satisfy the Office within the specified time limit, the Office shall confirm the decision refusing protection for the international registration. That decision is subject to appeal in accordance with Title VII of Regulation (EC) No 6/2002.
Article 12
Withdrawal or correction of the application
An application for the correction of the application pursuant to paragraph 2 shall contain:
(a) the file number of the application;
(b) the name and the address of the applicant in accordance with Article 1(1)(b);
(c) where the applicant has appointed a representative, the name and the business address of the representative in accordance with Article 1(1)(e);
(d) the indication of the element of the application to be corrected and that element in its corrected version.
CHAPTER II
REGISTRATION PROCEDURE
Article 14
Publication of the registration
Subject to paragraph 3, the publication of the registration shall contain:
(a) the name and address of the holder of the EU design (hereinafter ‘the holder’);
(b) where applicable, the name and business address of the representative appointed by the holder other than a representative falling within the first subparagraph of Article 77(3) of Regulation (EC) No 6/2002; if more than one representative has the same business address, only the name and business address of the first-named representative shall be published, the name being followed by the words ‘et al’; if there are two or more representatives with different business addresses, only the address for service determined pursuant to Article 1(1)(e) of this Regulation shall be published; where an association of representatives is appointed pursuant to Article 62(9) only the name and business address of the association shall be published;
(c) the representation of the design pursuant to Article 4; where the representation of the design is in colour, the publication shall be in colour;
(d) where applicable, an indication that a description has been filed pursuant to Article 1(2)(a);
(e) an indication of the products in which the design is intended to be incorporated or to which it is intended to be applied, preceded by the number of the relevant classes and subclasses of the Locarno classification, and grouped accordingly;
(f) where applicable, the name of the designer or the team of designers;
(g) the date of filing and the file number and, in the case of a multiple application, the file number of each design;
(h) where applicable, particulars of the claim of priority pursuant to Article 42 of Regulation (EC) No 6/2002;
(i) where applicable, particulars of the claim of exhibition priority pursuant to Article 44 of Regulation (EC) No 6/2002;
(j) the date and the registration number and the date of the publication of the registration;
(k) the language in which the application was filed and the second language indicated by the applicant pursuant to Article 98(2) of Regulation (EC) No 6/2002.
Article 16
Publication after the period of deferment
Where the holder has complied with the requirements laid down in Article 50 of Regulation (EC) No 6/2002, the Office shall, at the expiry of the period for deferment or in the case of a request for earlier publication, as soon as technically possible:
(a) publish the registered EU design in the European Union Designs Bulletin, with the indications set out in Article 14(2), together with an indication of the fact that the application contained a request for deferment of publication pursuant to Article 50 of Regulation (EC) No 6/2002;
(b) make available for public inspection any file relating to the design;
(c) open to public inspection all the entries in the Register, including any entries withheld from inspection pursuant to Article 74(5) of Regulation (EC) No 6/2002.
Article 17
Certificate of registration
Article 18
Maintenance of the design in an amended form
Article 19
Change of the name or address of the holder or of his/her registered representative
An application for a change of the name or address of the holder shall contain:
(a) the registration number of the design;
(b) the name and the address of the holder as recorded in the Register. If the holder has been given an identification number by the Office, it shall be sufficient to indicate that number together with the name of the holder;
(c) the indication of the name and address of the holder, as changed, in accordance with Article 1(1)(b);
(d) where the holder has appointed a representative, the name and business address of the representative, in accordance with Article 1(1)(e).
If the deficiency is not remedied within the time limits specified by the Office, the Office shall reject the application.
Article 20
Correction of mistakes and errors in the Register and in the publication of the registration
Where the registration of a design or the publication of the registration contains a mistake or error attributable to the Office, the Office shall correct the error or mistake of its own motion or at the request of the holder.
Where such a request is made by the holder, Article 19 shall apply mutatis mutandis. The request shall not be subject to payment of a fee.
The Office shall publish the corrections made pursuant to this Article.
CHAPTER IV
TRANSFER, LICENCES AND OTHER RIGHTS, CHANGES
Article 23
Transfer
An application for registration of a transfer pursuant to Article 28 of Regulation (EC) No 6/2002 shall contain:
(a) the registration number of the EU design;
(b) particulars of the new holder in accordance with Article 1(1)(b);
(c) where not all of the designs covered by a multiple registration are included in the transfer, particulars of the registered designs to which the transfer relates;
(d) documents duly establishing the transfer.
The following shall constitute sufficient proof of transfer under paragraph 1(d):
(a) the application for registration of the transfer is signed by the registered holder or his/her representative and by the successor in title or his/her representative; or
(b) the application, if submitted by the successor in title, is accompanied by a declaration, signed by the registered holder or his/her representative, that he/she agrees to the registration of the successor in title; or
(c) the application is accompanied by a completed transfer form or document, signed by the registered holder or his/her representative and by the successor in title or his/her representative.
If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for registration of the transfer.
Article 24
Registration of licences and other rights
In the case of a multiple registration, each registered EU design may, separately from the others, be licensed, the subject of a right in rem, levy of execution or insolvency proceedings.
If the deficiencies are not remedied within a time limit specified by the Office, it shall reject the application for registration.
Article 25
Special provisions for the registration of a licence
Article 26
Cancellation or modification of the registration of licences and other rights
The application shall contain:
(a) the registration number of the registered EU design, or in the case of a multiple registration, the number of each design; and
(b) particulars of the right whose registration is to be cancelled.
If the fee is not paid or is not paid in full, the Office shall notify the applicant accordingly. A request from a competent national authority for cancellation of an entry where a registered EU design is involved in insolvency proceedings shall not be subject to payment of a fee.
CHAPTER V
SURRENDER AND INVALIDITY
Article 27
Surrender
A declaration of surrender pursuant to Article 51 of Regulation (EC) No 6/2002 shall contain:
(a) the registration number of the registered EU design;
(b) the name and address of the holder in accordance with Article 1(1)(b);
(c) where a representative has been appointed, the name and business address of the representative in accordance with Article 1(1)(e);
(d) where surrender is declared only for some of the designs contained in a multiple registration, an indication of the designs for which the surrender is declared or the designs which are to remain registered;
(e) where, pursuant to Article 51(3) of Regulation (EC) No 6/2002, the registered EU design is partially surrendered, a representation of the amended design in accordance with Article 4 of this Regulation.
Where a licence has been registered, surrender of the design shall be registered three months after the date on which the holder satisfies the Office that he/she has informed the licensee of his/her intention to surrender it. If the holder proves to the Office before the expiry of that period that the licensee has given his/her consent, the surrender shall be registered forthwith.
Article 28
Application for a declaration of invalidity
An application to the Office for a declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002 shall contain:
(a) as concerns the registered EU design for which the declaration of invalidity is sought: (i) its registration number; (ii) the name and address of its holder;
(b) as regards the grounds on which the application is based: (i) a statement of the grounds on which the application for a declaration of invalidity is based; (ii) additionally, in the case of an application pursuant to Article 25(1)(d) of Regulation (EC) No 6/2002, the representation and particulars identifying the prior design on which the application for a declaration of invalidity is based and showing that the applicant is entitled to invoke the earlier design as a ground for invalidity pursuant to Article 25(3) of that Regulation; (iii) additionally, in the case of an application pursuant to Article 25(1)(e) or (f) of Regulation (EC) No 6/2002, the representation and particulars identifying the distinctive sign or the work protected by copyright on which the application for a declaration of invalidity is based and particulars showing that the applicant is the holder of the earlier right pursuant to Article 25(3) of that Regulation; (iv) additionally, in the case of an application pursuant to Article 25(1)(g) of the Regulation (EC) No 6/2002, the representation and particulars of the relevant item as referred to in that Article and particulars showing that the application is filed by the person or entity concerned by the improper use pursuant to Article 25(4) of that Regulation; (v) where the ground for invalidity is that the registered EU design does not fulfil the requirements set out in Article 5 or 6 of Regulation (EC) No 6/2002, the indication and the reproduction of the prior designs that could form an obstacle to the novelty or individual character of the registered EU design, as well as documents proving the existence of those earlier designs; (vi) an indication of the facts, evidence and arguments submitted in support of those grounds;
(c) as concerns the applicant: (i) his/her name and address in accordance with Article 1(1)(b); (ii) if the applicant has appointed a representative, the name and the business address of the representative, in accordance with Article 1(1)(e); (iii) additionally, in the case of an application pursuant to Article 25(1)(c) of Regulation (EC) No 6/2002, particulars showing that the application is made by a person or by persons duly entitled pursuant to Article 25(2) of that Regulation.
Article 29
Languages used in invalidity proceedings
Article 30
Rejection of the application for declaration of invalidity as inadmissible
If the deficiencies are not remedied within the specified time limit, the Office shall reject the application as inadmissible.
If the required fees are paid after the expiry of the time limit specified, they shall be refunded to the applicant.
Where, pursuant to paragraph 2, an application is deemed not to have been filed, the applicant shall be informed accordingly.
Article 31
Examination of the application for a declaration of invalidity
Article 32
Multiple applications for a declaration of invalidity
The Office may subsequently decide no longer to deal with them in that way.
The Office shall inform the remaining applicants of any relevant decisions taken during such proceedings as are continued.
Article 33
Participation of an alleged infringer
Where, pursuant to Article 54 of Regulation (EC) No 6/2002, an alleged infringer seeks to join the proceedings, he/she shall be subject to the relevant provisions of Articles 28, 29 and 30 of this Regulation, and shall in particular file a reasoned statement and pay the fee referred to in Article 52(2) of Regulation (EC) No 6/2002.
CHAPTER VI
APPEALS
Article 34
Content of the notice of appeal
The notice of appeal shall contain:
(a) the name and address of the appellant in accordance with Article 1(1)(b);
(b) where the appellant has appointed a representative, the name and the business address of the representative in accordance with Article 1(1)(e);
(c) a statement identifying the decision which is contested and the extent to which amendment or cancellation of the decision is requested.
Article 35
Rejection of the appeal as inadmissible
Article 36
Examination of appeals
The Board of Appeal's decision shall contain:
(a) a statement that it is delivered by the Board;
(b) the date when the decision was taken;
(c) the names of the Chairman and the other members of the Board of Appeal taking part;
(d) the name of the competent employee of the registry;
(e) the names of the parties and of their representatives;
(f) a statement of the issues to be decided;
(g) a summary of the facts;
(h) the reasons;
(i) the order of the Board of Appeal, including, where necessary, a decision on costs.
Article 37
Reimbursement of appeal fees
The reimbursement of appeal fees shall be ordered in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation. In the event of interlocutory revision, reimbursement shall be ordered by the department whose decision has been impugned, and in other cases by the Board of Appeal.
CHAPTER VII
DECISIONS AND COMMUNICATIONS OF THE OFFICE
Article 38
Form of decisions
Where oral proceedings are held before the Office, the decision may be given orally. Subsequently, the decision in writing shall be notified to the parties.
The parties may not plead any failure to communicate the availability of such appeal proceedings.
Article 39
Correction of errors in decisions
In decisions of the Office, only linguistic errors, errors of transcription and obvious mistakes may be corrected. They shall be corrected by the department which took the decision, acting of its own motion or at the request of an interested party.
Article 40
Noting of loss of rights
Such decision shall be given only if the Office disagrees with the person requesting it; otherwise the Office shall amend its finding and inform the person requesting the decision.
Article 41
Signature, name, seal
CHAPTER VIII
ORAL PROCEEDINGS AND TAKING OF EVIDENCE
Article 42
Summons to oral proceedings
Article 43
Taking of evidence by the Office
If oral evidence from witnesses and experts is requested by a party, the decision of the Office shall determine the period of time within which the party filing the request must make known to the Office the names and addresses of the witnesses and experts whom the party wishes to be heard.
The summons shall contain:
(a) an extract from the decision mentioned in the first subparagraph of paragraph 1, indicating in particular the date, time and place of the hearing ordered and stating the facts regarding which the parties, witnesses and experts are to be heard;
(b) the names of the parties to proceedings and particulars of the rights which the witnesses or experts may invoke pursuant to Article 45(2) to (5).
Article 44
Commissioning of experts
The terms of reference of the expert shall include:
(a) a precise description of his/her task;
(b) the time limit laid down for the submission of the expert's report;
(c) the names of the parties to the proceedings;
(d) particulars of the claims which the expert may invoke pursuant to Article 45(2), (3) and (4).
Article 45
Costs of taking of evidence
The amounts shall be calculated on the same basis as the compensation and salaries received by officials in grades A 4 to A 8 as laid down in the Staff Regulations of officials of the European Communities and in Annex VII thereto.
Final liability for the amounts due or paid pursuant to paragraphs 1 to 4 shall lie with:
(a) the Office where the Office, on its own initiative, considered it necessary to hear the oral evidence of witnesses or experts; or
(b) the party concerned where that party requested the giving of oral evidence by witnesses or experts, subject to the decision on apportionment and fixing of costs pursuant to Articles 70 and 71 of Regulation (EC) No 6/2002 and Article 79 of this Regulation.
The party referred to in point (b) of the first subparagraph shall reimburse the Office for any advances duly paid.
Article 46
Minutes of oral proceedings and of evidence
The release of transcripts of those recordings shall be subject to the payment of the costs incurred by the Office in making such transcript. The amount to be charged shall be determined by the Executive Director of the Office.
CHAPTER IX
NOTIFICATIONS
Article 47
General provisions on notifications
Notifications shall be made:
(a) by post in accordance with Article 48;
(b) by hand delivery in accordance with Article 49;
(c) by deposit in a post box at the Office in accordance with Article 50;
(d) by fax and other technical means in accordance with Article 51;
(e) by public notification in accordance with Article 52.
Article 48
Notification by post
Decisions and communications subject to another time limit shall be notified by registered letter, unless the Executive Director of the Office determines otherwise.
All other communications shall be ordinary mail.
Notification shall be deemed to have been effected when the posting has taken place.
In the event of any dispute, it shall be for the Office to establish that the letter has reached its destination or to establish the date on which it was delivered to the addressee, as the case may be.
Article 49
Notification by hand delivery
Notification may be effected on the premises of the Office by hand delivery of the document to the addressee, who shall on delivery acknowledge its receipt.
Article 50
Notification by deposit in a post box at the Office
Notification may also be effected to addressees who have been provided with a post box at the Office, by depositing the document therein. A written notification of deposit shall be inserted in the files. The date of deposit shall be recorded on the document. Notification shall be deemed to have taken place on the fifth day following deposit of the document in the post box at the Office.
Article 51
Notification by fax and other technical means
Article 52
Public notification
Such notice shall be published at least in the EU designs Bulletin.
Article 53
Notification to representatives
Article 54
Irregularities in notification
Where a document has reached the addressee, if the Office is unable to prove that it has been duly notified or if provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established by the Office as the date of receipt.
Article 55
Notification of documents in the case of several parties
Documents emanating from parties which contain substantive proposals, or a declaration of withdrawal of a substantive proposal, shall be notified to the other parties as a matter of course. Notification may be dispensed with where the document contains no new pleadings and the matter is ready for decision.
CHAPTER X
TIME LIMITS
Article 56
Calculation of time limits
Article 57
Duration of time limits
The Office may, when this is appropriate under the circumstances, grant an extension of a time limit specified if such extension is requested by the party concerned and the request is submitted before the original time limit expires.
Article 58
Expiry of time limits in special cases
The days on which the Office is not open for receipt of documents shall be determined by the Executive Director of the Office before the commencement of each calendar year.
In the event of the Member State concerned being the State in which the Office is located, the first subparagraph shall apply to all parties.
The period referred to in the first subparagraph shall be as determined by the Executive Director of the Office.
The date of commencement and the end of any such interruption or dislocation shall be as determined by the Executive Director of the Office.
CHAPTER XI
INTERRUPTION OF PROCEEDINGS AND WAIVING OF ENFORCED RECOVERY PROCEDURES
Article 59
Interruption of proceedings
Proceedings before the Office shall be interrupted:
(a) in the event of the death or legal incapacity of the applicant for or holder of a registered EU design or of the person authorised by national law to act on his/her behalf;
(b) in the event that the applicant for or holder of a registered EU design is, as a result of some action taken against his/her property, prevented for legal reasons from continuing the proceedings before the Office;
(c) in the event of the death or legal incapacity of the representative of an applicant for or holder of a registered EU design or of his/her being prevented for legal reasons resulting from action taken against his/her property from continuing the proceedings before the Office.
To the extent that the events referred to in point (a) of the first subparagraph do not affect the authorisation of a representative appointed under Article 78 of Regulation (EC) No 6/2002, proceedings shall be interrupted only on application by such representative.
If, three months after the beginning of the interruption of the proceedings, the Office has not been informed of the appointment of a new representative, it shall communicate that fact to the applicant for or holder of the registered EU design:
(a) where Article 77(2) of Regulation (EC) No 6/2002 is applicable, that the EU design application will be deemed to be withdrawn if the information is not submitted within two months after that communication is notified; or
(b) where Article 77(2) of Regulation (EC) No 6/2002 is not applicable, that the proceedings will be resumed with the applicant for or holder as from the date on which that communication is notified.
CHAPTER XII
REPRESENTATION
Article 61
Appointment of a common representative
However, if one of the applicants is obliged to appoint a professional representative, such representative shall be considered to be the common representative unless the applicant named first in the application has also appointed a professional representative.
The first and second subparagraphs shall apply mutatis mutandis to third parties acting in common in applying for a declaration of invalidity, and to joint holders of a registered EU design.
If such application is not possible, the Office shall require such persons to appoint a common representative within two months. If this request is not complied with, the Office shall appoint the common representative.
Article 62
Authorisations
Such authorisation shall be filed if the Office expressly requires it or, where there are several parties to the proceedings in which the representative acts before the Office, one of the parties expressly request it.
Article 63
Representation
Any notification or other communication addressed by the Office to the duly authorised representative shall have the same effect as if it had been addressed to the represented person.
Any communication addressed to the Office by the duly authorised representative shall have the same effect as if it originated from the represented person.
Article 64
Amendment of the special list of professional representatives in design matters
The entry of a professional representative in the list referred to in paragraph 1 shall be deleted automatically:
(a) in the event of the death or legal incapacity of the professional representative;
(b) where the professional representative is no longer a national of a Member State of the EEA, unless the Executive Director has granted an exemption pursuant to Article 78(6), point (a), of Regulation (EC) No 6/2002;
(c) where the place of business or employment of the professional representative is no longer in the EEA;
(d) where the professional representative no longer possesses the entitlement referred to in Article 78(4), point (c), of Regulation (EC) No 6/2002.
CHAPTER XIII
WRITTEN COMMUNICATIONS AND FORMS
Article 65
Communication in writing or by other means
Applications for the registration of an EU design as well as any other application or declaration provided for in Regulation (EC) No 6/2002 and all other communications addressed to the Office shall be submitted in one of the following ways:
(a) by submitting a signed original of the document in question to the Office, by post, personal delivery, or by any other means; annexes to documents submitted need not be signed;
(b) by transmitting a signed original by fax in accordance with Article 66;
(c) by transmitting the contents of the communication by electronic means in accordance with Article 67.
Article 66
Communication by fax
Where the reproduction is received by the Office within a time limit of one month from the date of the receipt of the fax, the application shall be deemed to have been received by the Office on the date on which the fax was received.
Where the reproduction is received by the Office after the expiry of that time limit, the application shall be deemed to have been received by the Office on the date on which the reproduction was received.
Where that request is complied with within the time limit specified, the date of the receipt of the retransmission or of the original shall be deemed to be the date of the receipt of the original communication, provided that where the deficiency concerns the granting of a filing date for an application to register a EU design, the provisions on the filing date shall apply.
Where the request is not complied with within the time limit specified, the communication shall be deemed not to have been received.
Article 67
Communication by electronic means
The conditions shall be laid down by the Executive Director.
Article 68
Forms
The Office shall make available free of charge forms for the purpose of:
(a) filing an application for a registered EU design;
(b) applying for the correction of an application or a registration;
(c) applying for the registration of a transfer and the transfer form and transfer document referred to in Article 23(4);
(d) applying for the registration of a licence;
(e) applying for renewal of registration of a registered EU design;
(f) applying for a declaration of invalidity of a registered EU design;
(g) applying for restitutio in integrum;
(h) taking an appeal;
(i) authorising a representative, in the form of an individual authorisation and in the form of a general authorisation.
CHAPTER XIV
INFORMATION TO THE PUBLIC
Article 69
Register of EU designs
In addition to the entries set out in Article 72(2) and (3) of Regulation (EC) No 6/2002, the Register shall contain the following entries, each accompanied by the date of recording such entry:
(a) changes in the name or the city and country of the holder;
(b) the notice of an amendment to the design pursuant to Article 25(6) of Regulation (EC) No 6/2002, including, if applicable, a reference to the disclaimer made or the court decision or the decision by the Office declaring the partial invalidity of the design right, as well as corrections of mistakes and errors pursuant to Article 20 of this Regulation;
(c) the grant or transfer of a licence pursuant to Article 16(2) or Article 32 of Regulation (EC) No 6/2002 and, where applicable, the type of licence pursuant to Article 25 of this Regulation.
CHAPTER XV
EU DESIGNS BULLETIN AND DATA BASE
Article 70
EU designs Bulletin
CHAPTER XVII
ADMINISTRATIVE COOPERATION
Article 77
Exchange of information and communications between the Office and the authorities of the Member States
Such communication may also be effected through the central industrial property offices of the Member States or the Benelux Design Office.
Article 78
Inspection of files by or via courts or authorities of the Member States
CHAPTER XVIII
COSTS
Article 79
Apportionment and fixing of costs
The request shall be admissible only if the decision in respect of which the fixing of costs is required has become final. Costs may be fixed once their credibility is established.
It shall not be deemed to be filed until the fee for reviewing the amount of the costs has been paid.
Costs essential to the proceedings and actually incurred by the successful party shall be borne by the losing party in accordance with Article 70(1) of Regulation (EC) No 6/2002 on the basis of the following maximum rates:
(a) travel expenses of one party for the outward and return journey between the place of residence or the place of business and the place where oral proceedings are held or where evidence is taken, as follows: (i) the cost of the first-class rail fare including usual transport supplements where the total distance by rail does not exceed 800 km; (ii) the cost of the tourist-class air fare where the total distance by rail exceeds 800 km or the route includes a sea crossing;
(b) subsistence expenses of one party equal to the daily subsistence allowance for officials in grades A 4 to A 8 as laid down in Article 13 of Annex VII to the Staff Regulations of officials of the European Communities;
(c) travel expenses of representatives within the meaning of Article 78(1) of Regulation (EC) No 6/2002 and of witnesses and of experts, at the rates provided for in point (a);
(d) subsistence expenses of representatives within the meaning of Article 78(1) of Regulation (EC) No 6/2002 and of witnesses and experts, at the rates referred to in point (b);
(e) costs entailed in the taking of evidence in the form of examination of witnesses, opinions by experts or inspection, up to EUR 300 per proceedings;
(f) costs of representation, within the meaning of Article 78(1) of Regulation (EC) No 6/2002: (i) of the applicant in proceedings relating to invalidity of a registered EU design up to EUR 400; (ii) of the holder in proceedings relating to invalidity of a registered EU design up to EUR 400; (iii) of the appellant in appeal proceedings up to EUR 500; (iv) of the defendant in appeal proceedings up to EUR 500;
(g) where the successful party is represented by more than one representative within the meaning of Article 78(1) of the Regulation (EC) No 6/2002, the losing party shall bear the costs referred to in points (c), (d) and (f) for one such person only;
(h) the losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees other than those referred to in points (a) to (g).
Where the taking of evidence in any of the proceedings referred to in point (f) of the first subparagraph involves the examination of witnesses, opinions by experts or inspection, an additional amount shall be granted for representation costs of up to EUR 600 per proceedings.
CHAPTER XIX
LANGUAGES
Article 80
Applications and declarations
Without prejudice to Article 98(4) of Regulation (EC) No 6/2002:
(a) any application or declaration relating to an application for a registered EU design may be filed in the language used for filing the application or in the second language indicated by the applicant in his/her application;
(b) any application or declaration other than an application for declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002, or declaration of surrender pursuant to Article 51 of that Regulation relating to a registered EU design may be filed in one of the languages of the Office;
(c) when any of the forms provided by the Office pursuant to Article 68 is used, such forms may be used in any of the official languages of the Union, provided that the form is completed in one of the languages of the Office, as far as textual elements are concerned.
Article 81
Written proceedings
If the language chosen is not the language of the proceedings, the party shall supply a translation into that language within one month of the date of the submission of the original document.
Where the applicant for a registered EU design is the sole party to proceedings before the Office and the language used for the filing of the application for the registered EU design is not one of the languages of the Office, the translation may also be filed in the second language indicated by the applicant in his/her application.
Where the language of such documents is not the language of the proceedings the Office may require that a translation be supplied, within a time limit specified by it, in that language or, at the choice of the party to the proceeding, in any language of the Office.
Article 82
Oral proceedings
Where the oral proceedings are held in a proceeding concerning the application for registration of a design the applicant may use either the language of the application or the second language indicated by him/her.
In all other oral proceedings, the staff of the Office may use, in place of the language of the proceedings, one of the other languages of the Office, on condition that the party or parties to the proceedings agree(s) to such use.
Where the taking of evidence is decided upon following a request by a party to the proceedings, parties to be heard, witnesses or experts who express themselves in languages other than the language of proceedings may be heard only if the party who made the request makes provision for interpretation into that language.
In proceedings concerning the application for registration of a design, in place of the language of the application, the second language indicated by the applicant may be used.
In any proceedings with only one party, the Office may at the request of the party concerned permit derogation from the provisions in this paragraph.
Corrections to the application for or the registration of a EU design shall be entered in the minutes in the language of proceedings.
Article 83
Certification of translations
Where the certificate relates to the translation of a previous application pursuant to Article 42 of Regulation (EC) No 6/2002, such time limit shall not be less than three months after the date of filing of the application.
Where the certificate is not filed within that time limit, the document shall be deemed not to have been received.
Article 84
Legal authenticity of translations
In the absence of evidence to the contrary, the Office may assume that a translation corresponds to the relevant original text.
CHAPTER XX
RECIPROCITY, TRANSITION PERIOD AND ENTRY INTO FORCE
Article 85
Publication of reciprocity
Article 41 (5) of Regulation (EC) No 6/2002 shall cease to be applicable from the date of publication in the *Official Journal of the European Communities* of a communication of the Commission stating that reciprocal treatment is no longer granted, unless the communication states an earlier date from which it is applicable.
Article 86
Transition period
Any decisions with regard to such applications may be taken only after that date.
The applicant shall be informed accordingly and the application shall be sent back to him/her.
Article 87
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.