THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee,
Having regard to the opinion of the European Parliament,
Whereas:
(1) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs(1) created the Community design system whereby undertakings can by means of one procedural system obtain Community designs to which uniform protection is given and which produce their effects throughout the entire area of the Community.
(2) Following preparations initiated and carried out by the World Intellectual Property Organisation (WIPO) with the participation of the Member States which are members of the Hague Union, the Member States which are not members of the Hague Union and the European Community, the Diplomatic Conference, convened for that purpose at Geneva, adopted the Geneva Act of the Hague Agreement concerning the international registration of industrial designs (hereinafter referred to as the ‘Geneva Act’) on 2 July 1999.
(3) The Council, by Council Decision 954 approved the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs(2) and authorised the President of the Council to deposit the instrument of accession with the Director-General of WIPO as from the date on which the Council has adopted the measures which are necessary to give effect to the accession of the Community to the Geneva Act. This Regulation contains those measures.
(4) The appropriate measures should be incorporated in Regulation (EC) No 6/2002 through the inclusion of a new title on ‘International registration of designs’.
(5) The rules and procedures relating to international registrations designating the Community should, in principle, be the same as the rules and procedures which apply to Community designs applications. According to this principle, an international registration designating the Community should be subject to the examination as to the grounds for non-registrability before it takes the same effect as a registered Community design. Likewise, an international registration having the same effect as a registered Community design should be subject to the same rules on invalidation as a registered Community design.
(6) Regulation (EC) No 6/2002 should therefore be amended accordingly.
(7) The accession of the Community to the Geneva Act will create a new source of revenues for the Office for the Harmonisation in the Internal Market (Trade Marks and Designs). Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(3) should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
OJ L 3, 5.1.2002, p. 1. Regulation as last amended by 2005 Act of Accession.
See page 18 of this Official Journal.
OJ L 11, 14.1.1994, p. 1. Regulation as last amended by 2005 Act of Accession.