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

Section 2U.K.Scope and term of protection

Article 10U.K.Scope of protection

1.The scope of the protection conferred by a [F1supplementary unregistered] design shall include any design which does not produce on the informed user a different overall impression.

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

Textual Amendments

F1Words in Art. 10(1) substituted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 9 (with reg. 4, Sch. 2 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 14, 19); 2020 c. 1, Sch. 5 para. 1(1)

Article 11U.K.Commencement and term of protection of the [F2supplementary] unregistered F3... design

1.A design which meets the requirements under Section 1 shall be protected by [F4a supplementary] unregistered F5... design for a period of three years as from the date on which the design was first made available to the public within the [F6United Kingdom, a qualifying country or a qualifying territory].

2.For the purpose of paragraph 1, a design shall be deemed to have been made available to the public within the [F7United Kingdom, a qualifying country or a qualifying territory] 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 [F7United Kingdom, a qualifying country or a qualifying territory]. 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.

Textual Amendments

F2Word in Art. 11 heading inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 1 para. 10(a)(i) (with reg. 4, Sch. 2 Pt. 1) (as amended by S.I. 2020/1050, regs. 1(2), 14, 19); 2020 c. 1, Sch. 5 para. 1(1)