TITLE XIIFINAL PROVISIONS

Article 107Implementing regulation

1.

The rules implementing this Regulation shall be adopted in an implementing regulation.

2.

In addition to the fees already provided for in this Regulation, fees shall be charged, in accordance with the detailed rules of application laid down in the implementing regulation and in a fees regulation, in the cases listed below:

(a)

late payment of the registration fee;

(b)

late payment of the publication fee;

(c)

late payment of the fee for deferment of publication;

(d)

late payment of additional fees for multiple applications;

(e)

issue of a copy of the certificate of registration;

(f)

registration of the transfer of a registered Community design;

(g)

registration of a licence or another right in respect of a registered Community design;

(h)

cancellation of the registration of a licence or another right;

(i)

issue of an extract from the register;

(j)

inspection of the files;

(k)

issue of copies of file documents;

(l)

communication of information in a file;

(m)

review of the determination of the procedural costs to be refunded;

(n)

issue of certified copies of the application.

3.

The implementing regulation and the fees regulation shall be adopted and amended in accordance with the procedure laid down in Article 109(2).

Article 108Rules of procedure of the Boards of Appeal

The rules of procedure of the Boards of Appeal shall apply to appeals heard by those Boards under this Regulation, without prejudice to any necessary adjustment or additional provision, adopted in accordance with the procedure laid down in Article 109(2).

Article 109Committee

1.

The Commission shall be assisted by a Committee.

2.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure

Article 110Transitional provision

1.

Until such time as amendments to this Regulation enter into force on a proposal from the Commission on this subject, protection as a Community design shall not exist for a design which constitutes a component part of a complex product used within the meaning of Article 19(1) for the purpose of the repair of that complex product so as to restore its original appearance.

2.

The proposal from the Commission referred to in paragraph 1 shall be submitted together with, and take into consideration, any changes which the Commission shall propose on the same subject pursuant to Article 18 of Directive 98/71/EC.

F1Article 110aProvisions relating to the enlargement of the Community

F21.

As from the date of accession of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as ‘ new Member State(s) ’ ), a Community design protected or applied for pursuant to this Regulation before the respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Community.

2.

The application for a registered Community design may not be refused on the basis of any of the grounds for non-registrability listed in Article 47(1), if these grounds became applicable merely because of the accession of a new Member State.

3.

A Community design as referred to in paragraph 1 may not be declared invalid pursuant to Article 25(1) if the grounds for invalidity became applicable merely because of the accession of a new Member State.

4.

The applicant or the holder of an earlier right in a new Member State may oppose the use of a Community design falling under Article 25(1)(d), (e) or (f) within the territory where the earlier right is protected. For the purpose of this provision, ‘ earlier right ’ means a right acquired or applied for in good faith before accession.

5.

Paragraphs 1, 3 and 4 above shall also apply to unregistered Community designs. Pursuant to Article 11, a design which has not been made public within the territory of the Community shall not enjoy protection as an unregistered Community design.

Article 111Entry into force

1.

This Regulation shall enter into force on the 60th day following its publication in the Official Journal of the European Communities.

2.

Applications for registered Community designs may be filed at the Office from the date fixed by the Administrative Board on the recommendation of the President of the Office.

3.

Applications for registered Community designs filed within three months before the date referred to in paragraph 2 shall be deemed to have been filed on that date.