Workshop

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Workshop Design Filing Practice
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Jean-Jacques Canonici Director and Patent
Manager, Innovation EMEA Procter Gamble Linda
Liu Linda Liu Partners Jakub Pinkowski Head of
Designs Service, OHIM Chair Keith Howick
Carpmaels Ransford Chair of INTAs Design
Rights Sub-Committee
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Community Design Registration Main problems
Jakub Pinkowski Head of Designs Service, OHIM
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• Grounds for Non-Registrability (art. 47 CDR)
• Not corresponding to the definition of a
  design (art. 3 CDR)
• Design means the appearance of the whole or
  part of a product resulting from its features
• Product means any industrial or handicraft
  item
• 2. Against public policy and accepted
  principles of morality

Grounds for Non-Registrability
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• Application for registration has to contain
• Data of the applicant name and contact details.
  
• The legal form does not affect filing date
• Representation suitable for reproduction
  according to article 4 (d)(e) CDIR or a specimen.
• Art. 4 (e) CDIR
• - Good quality
• - Neutral background

Filing date requirements
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• Racist images or messages, Nazi symbols and
  obscene or immoral images are not acceptable
• Flags and religious symbols are acceptable
  provided they are used in a proper and decent way

public policy and accepted principles of morality
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RCD1792623 INDP Balustrades
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Application INDP Housing for air filters, for
engines
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RCD 2038216 INDP Housing for air filters, for
engines
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RCD 2038216 INDP Housing for air filters, for
engines
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• All views must show the same product
• All views must show the same colour
• Only one view per electronic attachment (e-filing
  restriction)
• Views should not contain explanatory text,
  wording, numbers or symbols
• Detailed views of portions of the design should
  not be shown together with the design in the same
  view
• Set of articles complex products must contain
  in the representation a global view of the design
  
• Typefaces must contain all the capital and small
  letters of the alphabet, Arabic numerals and a
  text of 5 lines written in that typeface
• Disclaimers are acceptable provided they are
  shown on the views

Slide name
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RCD000967815-0001- 005 INDP bottles with caps
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A complex product is a product which is composed
of multiple components which can be replaced
permitting disassembly and re-assembly of the
product. At least one view must show the
complete product. If the overall view is
missing the applicant is requested to divide the
design into separate designs for each component
part and pay the corresponding fees.
Complex product
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Complex product
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A set of articles is accepted as one design,
provided the articles making up the set are
linked by aesthetic and functional
complementarity and are, in normal circumstances,
sold altogether as one single product. It
should be clear that the protection is sought for
a design resulting from the combination of the
articles. At least one view must show the set
of articles together. If the overall view is
missing the applicant is requested to divide the
design into separate designs for each component
part and pay the corresponding fees.
Sect of articles
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Sect of articles
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Sect of articles
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Sets of products should not be confused with
variations of a design. The different embodiments
of a same concept cannot constitute a design
because each embodiment is a design on its own.
Sect of articles
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Component
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COUNCIL REGULATION (EC) No 6/2002 of 12 December
2001 on Community designs
Article 4 Requirements for protection 1. A
design shall be protected by a Community design
to the extent that it is new and has individual
character. 2. 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 (a) if the component part, once it
has been incorporated into the complex product,
remains visible during normal use of the latter
and (b) to the extent that those visible
features of the component part fulfil in
themselves the requirements as to novelty and
individual character. 3. "Normal use" within the
meaning of paragraph (2)(a) shall mean use by the
end user, excluding maintenance, servicing or
repair work.
Component
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RCD 000844022-0001-0017
Name of owner The Procter Gamble
Company Filing Dates
17/12/2007 Locarno class
9.03 Indication of product Containers (part of)
Name of owner The Procter Gamble
Company Filing Dates 17/12/2007 Locarno class
9.03 Indication of product Containers
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Art. 37 CDR
More than one design is allowed in an
application, provided the products are in the
same Locarno class (exception designs
ornamentation class 32-00)
RCD 001057756-0002 INDP footwear class 02-04
RCD 001057756-0008 INDP ornamentation class 32
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Thank you for your attention.
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Questions