Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs
Date: 2002-10-21
Institutions: European Commission
Subjects: EU trade mark, European Union Intellectual Property Office, application of EU law, designs and models

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COMMISSION REGULATION (EC) No 2245/2002

of 21 October 2002

implementing Council Regulation (EC) No 6/2002 on Community designs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 6/2002 of 12
December 2001 on Community designs (1), and in particular
Article 107(3) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 6/2002 creates a system enabling a
design having effect throughout the Community to be
obtained on the basis of an application to the Office for
Harmonisation in the Internal Market (trade marks and
designs) (hereinafter ‘the Office’).

For this purpose, Regulation (EC) No 6/2002 contains
the necessary provisions for a procedure leading to the
registration of a Community design, as well as for the

administration of registered Community designs,
for
appeals against decisions of the Office and for proceed-
ings for the invalidation of a Community design.

(3)

(4)

(5)

The present Regulation lays down the necessary
measures for implementing the provisions of Regulation
(EC) No 6/2002.

This Regulation should ensure the smooth and efficient
operation of design proceedings before the Office.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
lished under Article 109 of Regulation (EC) No 6/2002,

HAS ADOPTED THIS REGULATION:

CHAPTER I

APPLICATION PROCEDURE

Article 1

Content of the application

publication in accordance with Article 50 of Regulation
(EC) No 6/2002, a specimen in accordance with Article 5
of this Regulation;

The application for a registered Community design shall

1.
contain:

(a) a request

for registration of

the design as a registered

Community 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;

(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 busi-
ness 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 appli-
cation 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 appli-
cant 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 appli-
cation is claimed pursuant to Article 42 of Regulation (EC)
No 6/2002, stating the date on which the previous applica-
tion was filed and the country in which or for which it was
filed;

(c) a representation of the design in accordance with Article 4
of this Regulation or, if the application concerns a two-
dimensional design and contains a request for deferment of

(1) OJ L 3, 5.1.2002, p. 1.

(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;

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(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.

2.

The application may contain:

(a) a single description per design not exceeding 100 words
explaining the representation of the design or the specimen;
the description must relate only to those features which
appear in the reproductions of the design or the specimen;
it shall not contain statements as to the purported novelty
or 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 estab-
lishing 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

An application may be a multiple application requesting

1.
the registration of several designs.

than ornamentation are
2. When several designs other
combined in a multiple application, the application shall be
divided if the products in which the designs are intended to be
incorporated or to which they are intended to be applied
belong to more than one class of the Locarno Classification.

3.
For each design contained in the multiple application the
applicant shall provide a representation of the design in accor-
dance with Article 4 and the indication of the product in which
the design is intended to be incorporated or to be applied.

The applicant shall number the designs contained in the

4.
multiple application consecutively, using arabic numerals.

Article 3

Classification and indication of products

1.
Products shall be classified in accordance with Article 1
of the Locarno Agreement, as amended and in force at the date
of filing of the design.

The classification of products

2.
administrative purposes.

shall

serve exclusively

The indication of products shall be worded in such a way
3.
as to indicate clearly the nature of the products and to enable
each product to be classified in only one class of the Locarno
classification, preferably using the terms appearing in the list of
products set out therein.

4.
The products shall be grouped according to the classes of
the Locarno classification, each group being preceded by the
number of the class to which that group of products belongs
and presented in the order of the classes and subclasses under
that classification.

Article 4

Representation of the design

1.
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 reproduc-
tion 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 indi-
cated pursuant to paragraph 2 and, in the case of a multiple
the design; no
application,
explanatory text, wording or symbols, other than the indi-
cation ‘top’ or the name or address of the applicant, may be
displayed thereon;

the consecutive number of

(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 President of the
Office;
identifying the different designs
contained in a multiple application, or the different views,
shall be determined by the President of the Office;

the manner of

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(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 Community Designs provided for in Article 72
of Regulation (EC) No 6/2002, hereinafter ‘the Register’,
and for direct publishing in the Community Designs Bulletin
referred to in Article 73 of that Regulation.

2.
The representation may contain no more than seven
different views of the design. Any one graphic or photographic
reproduction may contain only one view. The applicant shall
number each view using arabic numerals. The number shall
consist of separate numerals separated by a point, the numeral
to the left of the point indicating the number of the design, that
to the right indicating the number of the view.

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.

3. Where an application concerns a design that consists in a
repeating surface pattern, the representation of the design shall
show the complete pattern and a sufficient portion of the
repeating surface.

The size limits set out in paragraph 1(c) shall apply.

4. Where an application concerns a design consisting in a
typographic typeface, the representation of the design shall
consist in a string of all the letters of the alphabet, in both
upper and lower case, and of all the arabic numerals, together
with a text of five lines produced using that typeface, both
letters and numerals being in the size pitch 16.

Specimens that are perishable or dangerous to store shall

3.
not be filed.

The specimen shall be filed in five copies;
in the case of a
multiple application, five copies of the specimen shall be filed
for each design.

4. Where the design concerns a repeating surface pattern,
the specimen shall show the complete pattern and a sufficient
portion of the repeating surface in length and width. The limits
set out in paragraph 2 shall apply.

Article 6

Fees for the application

The following fees shall be paid at the time when the

1.
application is submitted to the Office:

(a) the registration fee;

(b) the publication fee or a deferment fee if deferment of publi-

cation has been requested;

(c) an additional registration fee in respect of each additional

design included in a multiple application;

(d) an additional publication fee in respect of each additional
design included in a multiple application, or an additional
deferment fee in respect of each additional design included
in a multiple application if deferment of publication has
been requested.

2. Where the application includes a request for deferment of
publication of registration, the publication fee and any addi-
tional publication fee in respect of each additional design
included in a multiple application shall be paid within the time
limits specified in Article 15(4).

Article 5

Specimens

Article 7

Filing of the application

1. Where the application concerns a two-dimensional design
and contains a request for a deferment of publication, in accor-
dance with Article 50(1) of Regulation (EC) No 6/2002, the
representation of the design may be replaced by a specimen
pasted on a sheet of paper.

Applications for which a specimen is submitted must be sent
by a single mail or directly delivered to the office of filing.

Both the application and the specimen shall be submitted at
the same time.

1.
The Office shall mark the documents making up the
application with the date of its receipt and the file number of
the application.

Each design contained in a multiple application shall be
numbered by the Office in accordance with a system deter-
mined by the President.

The Office shall issue to the applicant without delay a receipt
which shall specify the file number, the representation, descrip-
tion or other identification of the design, the nature and the
number of the documents and the date of their receipt.

2.
The specimens shall not exceed 26,2 cm × 17 cm in size,
50 grams in weight or 3 mm in thickness. The specimen shall
be capable of being stored, unfolded, alongside documents of
the size prescribed in Article 4(1)(c).

In the case of a multiple application, the receipt issued by the
Office shall specify the first design and the number of designs
filed.

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If the application is filed with the central industrial prop-
2.
erty office of a Member State or at the Benelux Design Office
in accordance with Article 35 of Regulation (EC) No 6/2002,
the office of filing shall number each page of the application,
using arabic numerals. The office of filing shall mark the docu-
ments making up the application with the date of receipt and
the number of pages before forwarding the application to the
Office.

The office of filing shall issue to the applicant without delay a
receipt specifying the nature and the number of the documents
and the date of their receipt.

If the Office receives an application forwarded by the
3.
central
industrial property office of a Member State or the
Benelux Design Office, it shall mark the application with the
date of receipt and the file number and shall issue to the appli-
cant without delay a receipt in accordance with the third and
indicating the date of
fourth subparagraphs of paragraph 1,
receipt at the Office.

Article 8

Claiming priority

1. Where the priority of one or more previous applications
is claimed in the application pursuant to Article 42 of Regula-
tion (EC) No 6/2002,
indicate the file
number of the previous application and file a copy of it within
three months of the filing date referred to in Article 38 of that
Regulation. The President of the Office shall determine the
evidence to be provided by the applicant.

the applicant shall

2. Where, subsequent to the filing of the application, the
applicant wishes to claim the priority of one or more previous
applications pursuant to Article 42 of Regulation (EC) No 6/
2002, he/she shall submit, within one month of the filing date,
the declaration of priority, stating the date on which and the
country in or for which the previous application was made.

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

1. Where exhibition priority has been claimed in the appli-
cation pursuant to Article 44 of Regulation (EC) No 6/2002,
the applicant shall, together with the application or at the latest
within three months of the filing date, file a certificate issued at
the exhibition by the authority responsible for the protection
of industrial property at the exhibition.

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.

2. Where the applicant wishes
to claim an exhibition
priority subsequent to the filing of the application, the declara-
tion of priority, indicating the name of the exhibition and the
date of the first disclosure of the product in which the design
was incorporated or to which it was applied, shall be submitted
within one month of
the filing date. The indications and
evidence referred to in paragraph 1 shall be submitted to the
Office within three months of receipt of the declaration of
priority.

Article 10

Examination of requirements for a filing date and of
formal requirements

The Office shall notify the applicant that a date of filing

1.
cannot be granted if the application does not contain:

(a) a request

for registration of

the design as a registered

Community design;

(b) information identifying the applicant;

(c) a representation of the design pursuant to Article 4(1)(d)

and (e) or, where applicable, a specimen.

2.
If the deficiencies indicated in paragraph 1 are remedied
within two months of receipt of the notification, the date on
which all the deficiencies are remedied shall determine the date
of filing.

the deficiencies are not remedied before the time limit
If
expires, the application shall not be dealt with as a Community
design application. Any fees paid shall be refunded.

The Office shall call upon the applicant to remedy the
3.
deficiencies noted within a time limit specified by it where,
although a date of filing has been granted, the examination
reveals that:

(a) the requirements set out in Articles 1, 2, 4 and 5 or the
other formal requirements for applications laid down in the
Regulation (EC) No 6/2002 or in this Regulation have not
been complied with;

(b) the full amount of the fees payable pursuant to Article 6(1),
read in conjunction with Commission Regulation (EC) No
2246/2002 (1), has not been received by the Office;

(c) where priority has been claimed pursuant to Articles 8 and
9, either in the application itself or within one month after
the date of filing, the other requirements set out in those
Articles have not been complied with;

(1) See page 54 of this Official Journal.

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(d) in the case of a multiple application, the products in which
the designs are intended to be incorporated or to which
they are intended to be applied belong to more than one
class of the Locarno classification.

In particular, the Office shall call upon the applicant to pay the
required fees within two months of the date of notification,
together with the late payment fees provided for in Article
107(2)(a) to (d) of Regulation (EC) No 6/2002 and as set out in
Regulation (EC) No 2246/2002.

In the case of the deficiency referred to in point (d) of the first
subparagraph, the Office shall call upon the applicant to divide
the multiple application in order to ensure compliance with the
It shall also call upon the
requirements under Article 2(2).
applicant to pay the total amount of the fees for all the applica-
tions resulting from the separation of the multiple application,
within such a time limit as it may specify.

After the applicant has complied with the request to divide the
application within the time limit set, the date of filing of the
resulting application or applications shall be the date of filing
granted to the multiple application initially filed.

4.
If the deficiencies referred to in paragraph 3(a) and (d) are
not remedied before the time limit expires, the Office shall
reject the application.

5.
If the fees payable pursuant to Article 6(1)(a) and (b) are
not paid before the time limit expires, the Office shall reject the
application.

6.
If any additional fees payable pursuant to Article 6(1)(c)
or (d) in respect of multiple applications are not paid or not
paid in full before the time limit expires, the Office shall reject
the application in respect of all the additional designs which
are not covered by the amount paid.

In the absence of any criteria for determining which designs
are intended to be covered, the Office shall take the designs in
the numerical order in which they are represented in accor-
dance with Article 2(4). The Office shall reject the application
in so far as it concerns designs for which additional fees have
not been paid or have not been paid in full.

If the deficiencies referred to in paragraph 3(c) are not
7.
remedied before the time limit expires, the right of priority for
the application shall be lost.

If any of the deficiencies referred to in paragraph 3 is not
8.
remedied before the time limit expires and such deficiency
concerns only some of the designs contained in a multiple
application, the Office shall reject the application, or the right
of priority shall be lost, only in so far as those designs are
concerned.

which protection is sought does not correspond to the defini-
tion of design provided in Article 3(a) of Regulation (EC) No 6/
2002 or that the design is contrary to public policy or to
accepted principles of morality, it shall inform the applicant
that the design is non-registrable, specifying the ground for
non-registrability.

2.
The Office shall specify a time limit within which the
applicant may submit his/her observations, withdraw the appli-
cation or amend it by submitting an amended representation of
the design, provided that the identity of the design is retained.

3. Where the applicant fails to overcome the grounds for
non-registrability within the time limit, the Office shall refuse
the application. If those grounds concern only some of the
designs contained in a multiple application, the Office shall
refuse the application only in so far as those designs are
concerned.

Article 12

Withdrawal or correction of the application

The applicant may at any time withdraw a Community
in the case of a multiple application,

1.
design application or,
withdraw some of the designs contained in the application.

2.
Only the name and address of the applicant, errors of
wording or of copying, or obvious mistakes may be corrected,
at the request of the applicant and provided that such correc-
tion does not change the representation of the design.

An application for the correction of

3.
pursuant to paragraph 2 shall contain:

the application

(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.

4.
If the requirements for the correction of the application
are not fulfilled, the Office shall communicate the deficiency to
the applicant. If the deficiency is not remedied within the time
limits specified by the Office, the Office shall reject the applica-
tion for correction.

Article 11

Examination of grounds for non-registrability

5.
A single application may be made for the correction of
the same element in two or more applications submitted by the
same applicant.

1. Where, pursuant to Article 47 of Regulation (EC) No 6/
2002, the Office finds, in the course of carrying out the exami-
nation under Article 10 of this Regulation, that the design for

6.
Paragraphs 2 to 5 shall apply mutatis mutandis to applica-
tions to correct the name or the business address of a represen-
tative appointed by the applicant.

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CHAPTER II

REGISTRATION PROCEDURE

Article 13

Registration of the design

1.
If the application satisfies the requirements referred to in
Article 48 of Regulation (EC) No 6/2002, the design contained
in that application and the particulars set out in Article 69(2)
of this Regulation shall be recorded in the Register.

If the application contains a request for deferment of
2.
publication pursuant to Article 50 of Regulation (EC) No 6/
2002, that fact and the date of expiry of the period of defer-
ment shall be recorded.

The fees payable pursuant to Article 6(1) shall not be

3.
refunded even if the design applied for is not registered.

Article 14

Publication of the registration

The registration of the design shall be published in the

1.
Community Designs Bulletin.

Subject to paragraph 3, the publication of the registration

2.
shall contain:

(a) the name and address of the holder of the Community

design (hereinafter ‘the holder’);

(b) where applicable, the name and business address of the
representative appointed by the holder other than a repre-
sentative falling within the first subparagraph of Article
if more than one
77(3) of Regulation (EC) No 6/2002;
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’;
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;

if

(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.

3.
If the application contains a request for deferment of
publication pursuant to Article 50 of Regulation (EC) No 6/
2002, a mention of the deferment shall be published in the
Community Designs Bulletin,
the
holder, the name of the representative, if any, the date of filing
and registration, and the file number of the application. Neither
the representation of the design nor any particulars identifying
its appearance shall be published.

together with the name of

Article 15

Deferment of publication

1. Where the application contains a request for deferment of
publication pursuant to Article 50 of Regulation (EC) No 6/
2002, the holder shall, together with the request or at the latest
three months before the 30-month deferment period expires:

(a) pay the publication fee referred to in Article 6(1)(b);

(b) in the case of a multiple registration, pay the additional

publication fees, referred to in Article 6(1)(d);

(c) in cases where a representation of the design has been
replaced by a specimen in accordance with Article 5, file a
representation of the design in accordance with Article 4.
This applies to all the designs contained in a multiple appli-
cation for which publication is requested;

(d) in the case of a multiple registration, clearly indicate which
of the designs contained therein is to be published or which
of the designs are to be surrendered, or, if the period of
deferment has not yet expired, for which designs deferment
is to be continued.

Where the holder requests publication before the expiry of the
30-month deferment period, he/she shall, at the latest three
months before the requested date of publication, comply with
the requirements set out in points (a) to (d) of the first para-
graph.

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If the holder fails to comply with the requirements set
2.
out in paragraph 1(c) or (d), the Office shall call upon him/her
to remedy the deficiencies within a specified time limit which
shall in no case expire after the 30-month deferment period.

If the holder fails to remedy the deficiencies referred to in

3.
paragraph 2 within the applicable time limit:

(a) the registered Community design shall be deemed from the
outset not to have had the effects specified in Regulation
(EC) No 6/2002;

(b) where the holder has requested earlier publication as
provided for under the second subparagraph of paragraph
1, the request shall be deemed not to have been filed.

4.
If the holder fails to pay the fees referred to in paragraph
1(a) or (b), the Office shall call upon him/her to pay those fees
together with the fees for late payment provided for in Article
107(2)(b) or (d) of Regulation (EC) No 6/2002 and as set out in
Regulation (EC) No 2246/2002, within a specified time limit
which shall in no case expire after the 30-month deferment
period.

(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 73.

2. Where Article 15(4) applies, the actions referred to in
paragraph 1 of this Article shall not take place in respect of
those designs contained in the multiple registration which are
deemed from the outset not to have had the effects specified in
Regulation (EC) No 6/2002.

Article 17

Certificate of registration

1.
After publication, the Office shall issue to the holder a
certificate of registration which shall contain the entries in the
Register provided for in Article 69(2) and a statement to the
effect that those entries have been recorded in the Register.

If no payment has been made within that time limit, the Office
shall notify the holder that the registered Community design
has from the outset not had the effects specified in Regulation
(EC) No 6/2002.

2.
The holder may request that certified or uncertified copies
of the certificate of registration be supplied to him/her upon
payment of a fee.

If,
in respect of a multiple registration, a payment is made
within that time limit but is insufficient to cover all the fees
payable pursuant to paragraph 1(a) and (b), as well as the
applicable fee for late payment, all the designs in respect of
which the fees have not been paid shall be deemed from the
outset not to have had the effects specified in Regulation (EC)
No 6/2002.

Unless it is clear which designs the amount paid is intended to
cover, and in the absence of other criteria for determining
which designs are intended to be covered, the Office shall take
the designs in the numerical order in which they are repre-
sented in accordance with Article 2(4).

All designs for which the additional publication fee has not
been paid or has not been paid in full, together with the applic-
able fee for late payment, shall be deemed from the outset not
to have had the effects specified in Regulation (EC) No 6/2002.

Article 18

Maintenance of the design in an amended form

1. Where, pursuant to Article 25(6) of Regulation (EC) No
6/2002, the registered Community design is maintained in an
amended form, the Community design in its amended form
shall be entered in the Register and published in the Community
Designs Bulletin.

2. Maintenance of a design in an amended form may include
a partial disclaimer, not exceeding 100 words, by the holder or
an entry in the Register of Community Designs of a court deci-
sion or a decision by the Office declaring the partial invalidity
of the design right.

Article 19

Article 16

Change of the name or address of the holder or of his/her
registered representative

Publication after the period for deferment

1. Where the holder has complied with the requirements
laid down in Article 15, the Office shall, at the expiry of the
period for deferment or in the case of a request for earlier
publication, as soon as is technically possible:

(a) publish the registered Community design in the Community
Designs Bulletin, with the indications set out
in Article
14(2), together with an indication of the fact that the appli-
cation contained a request for deferment of publication
pursuant to Article 50 of Regulation (EC) No 6/2002 and,
where applicable, that a specimen was filed in accordance
with Article 5 of this Regulation;

1.
A change of the name or address of the holder which is
not the consequence of a transfer of the registered design shall,
at the request of the holder, be recorded in the Register.

An application for a change of the name or address of

2.
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;

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(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
in accordance

and business address of the representative,
with Article 1(1)(e).

The application referred to in paragraph 2 shall not be

3.
subject to payment of a fee.

4.
A single application may be made for a change of the
name or address in respect of two or more registrations of the
same holder.

5.
If the requirements set out in paragraphs 1 and 2 are not
fulfilled, the Office shall communicate the deficiency to the
applicant.

If the deficiency is not remedied within the time limits specified
by the Office, the Office shall reject the application.

Paragraphs 1 to 6 shall apply mutatis mutandis to applica-
7.
tions for Community designs. The change shall be recorded in
the files kept by the Office concerning the Community design
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.

Paragraphs 1 to 5 shall apply mutatis mutandis to a change

6.
of the name or address of the registered representative.

The Office shall publish the corrections made pursuant to this
Article.

CHAPTER III

RENEWAL OF REGISTRATION

Article 21

Notification of expiry of registration

At least six months before expiry of the registration, the Office
shall inform the holder, and any person having a right entered
in the Register, including a licence, in respect of the Commu-
nity design, that the registration is approaching expiry. Failure
to give notification shall not affect the expiry of the registra-
tion.

Article 22

Renewal of registration

1.

An application for renewal of registration shall contain:

(a) where the application is filed by the holder, his/her name

and address in accordance with Article 1(1)(b);

(b) where the application is

filed by a person expressly
authorised to do so by the holder, the name and address of
that person and evidence that he/she is authorised to file
the application;

(c) where the applicant has appointed a representative,

the
name and business address of the representative in accor-
dance with Article 1(1)(e);

(d) the registration number;

(e) where applicable, an indication that renewal

is requested
for all the designs covered by a multiple registration or, if
the renewal is not requested for all such designs, an indica-
tion of those designs for which renewal is requested.

2.
The fees payable pursuant to Article 13 of Regulation
(EC) No 6/2002 for the renewal of a registration shall consist
of:

(a) a renewal fee, which,

in cases where several designs are
covered by a multiple registration, shall be proportionate to
the number of designs covered by the renewal;

(b) where applicable, the additional fee for late payment of the
renewal fee or late submission of the request for renewal,
pursuant to Article 13 of Regulation (EC) No 6/2002, as
specified in Regulation (EC) No 2246/2002.

3. Where the application for renewal is filed within the time
limits provided for in Article 13(3) of Regulation (EC) No 6/
2002, but the other conditions for renewal provided for in
Article 13 thereof and in this Regulation are not satisfied, the
Office shall inform the applicant of the deficiencies.

If the application is filed by a person whom the holder has
expressly authorised to do so, the holder of the design shall
receive a copy of the notification.

4. Where an application for renewal is not submitted or is
submitted after expiry of the time limit provided for in the
second sentence of Article 13(3) of Regulation (EC) No 6/2002,
or if the fees are not paid or are paid only after expiry of the
relevant time limit, or if the deficiencies are not remedied
within the time limit specified by the Office, the Office shall
determine that the registration has expired and shall notify
accordingly the holder and, where appropriate, the applicant
for renewal and the person recorded in the Register as having
rights in the design.

to cover all

In the case of a multiple registration, where the fees paid are
insufficient
is
requested, such a determination shall be made only after the
Office has established which designs the amount paid is
intended to cover.

the designs for which renewal

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In the absence of other criteria for determining which designs
are intended to be covered, the Office shall take the designs in
the numerical order in which they are represented in accor-
dance with Article 2(4).

5. Where the determination made pursuant to paragraph 4
has become final, the Office shall cancel the design from the
Register with effect from the day following the day on which
the existing registration expired.

The Office shall determine that the registration has expired
with regard to all designs for which the renewal fees have not
been paid or have not been paid in full.

6. Where the renewal fees provided for in paragraph 2 have
been paid but the registration is not renewed, those fees shall
be refunded.

CHAPTER IV

TRANSFER, LICENCES AND OTHER RIGHTS, CHANGES

Article 23

Transfer

7.
Paragraphs 1 to 6 shall apply mutatis mutandis to the
transfer of applications for registered Community designs. The
transfer shall be recorded in the files kept by the Office
concerning the Community design application.

An application for registration of a transfer pursuant to

1.
Article 28 of Regulation (EC) No 6/2002 shall contain:

(a) the registration number of the Community design;

Article 24

(b) particulars of the new holder in accordance with Article

1(1)(b);

(c) where not all of the designs covered by a multiple registra-
tion are included in the transfer, particulars of the regis-
tered designs to which the transfer relates;

(d) documents duly establishing the transfer.

2.
The application may contain, where applicable, the name
and business address of the representative of the new holder, to
be set out in accordance with Article 1(1)(e).

3.
The application shall not be deemed to have been filed
until the required fee has been paid. If the fee is not paid or is
not paid in full, the Office shall notify the applicant accord-
ingly.

The following shall constitute sufficient proof of transfer

4.
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.

5. Where the conditions applicable to the registration of a
transfer are not fulfilled, the Office shall notify the applicant of
the deficiencies.

If the deficiencies are not remedied within the time limit speci-
fied by the Office, it shall reject the application for registration
of the transfer.

6.
A single application for registration of a transfer may be
submitted for two or more registered Community designs,
provided that the registered holder and the successor in title
are the same in each case.

Registration of licences and other rights

to registration of

1.
Article 23(1)(a), (b) and (c) and Article 23(2), (3), (5) and
(6) shall apply mutatis mutandis to the registration of the grant
or transfer of a licence,
the creation or
transfer of a right in rem in respect of a registered Community
design, and to registration of enforcement measures. However,
where a registered Community design is involved in insolvency
proceedings, the request of the competent national authority
for an entry in the Register to this effect shall not be subject to
payment of a fee.

In the case of a multiple registration, each registered Commu-
nity design may, separately from the others, be licensed, the
levy of execution or insolvency
subject of a right
proceedings.

in rem,

2. Where the registered Community design is licensed for
only a part of the Community, or for a limited period of time,
the application for registration of the licence shall indicate the
part of the Community or the period of time for which the
licence is granted.

3. Where the conditions applicable to registration of licences
and other rights, set out in Articles 29, 30 or 32 of Regulation
(EC) No 6/2002, in paragraph 1 of this Article, and in the other
applicable Articles of this Regulation are not fulfilled, the Office
shall notify the applicant of the deficiencies.

If the deficiencies are not remedied within a time limit specified
by the Office, it shall reject the application for registration.

4.
Paragraphs 1, 2 and 3 shall apply mutatis mutandis to
licences and other rights concerning applications for registered
Community designs. Licences, rights in rem and enforcement
measures shall be recorded in the files kept by the Office
concerning the Community design application.

The request

for a non-exclusive licence pursuant

5.
to
Article 16(2) of Regulation (EC) No 6/2002 shall be made
within three months of the date of the entry in the Register of
the newly entitled holder.

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Article 25

Special provisions for the registration of a licence

1.
A licence in respect of a registered Community design
shall be recorded in the Register as an exclusive licence if the
holder of the design or the licensee so requests.

2.
A licence in respect of a registered Community design
shall be recorded in the Register as a sub-licence where it is
granted by a licensee whose licence is recorded in the Register.

3.
A licence in respect of a registered Community design
shall be recorded in the Register as a territorially limited licence
if it is granted for a part of the Community.

A licence in respect of a registered Community design
4.
shall be recorded in the Register as a temporary licence if it is
granted for a limited period of time.

Article 26

Cancellation or modification of the registration of licences
and other rights

A registration effected under Article 24 shall be cancelled

1.
upon application by one of the persons concerned.

2.

The application shall contain:

(a) the registration number of

the registered Community
design, or in the case of a multiple registration, the number
of each design; and

(b) particulars of
cancelled.

the right whose registration is

to be

Application for cancellation of

3.
the registration of a
licence or other right shall not be deemed to have been filed
until the required fee has been paid.

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
Community design is involved in insolvency proceedings shall
not be subject to payment of a fee.

4.
The application shall be accompanied by documents
showing that the registered right no longer exists or by a state-
ment by the licensee or the holder of another right to the effect
that he/she consents to cancellation of the registration.

5. Where the requirements for cancellation of the registra-
tion are not satisfied, the Office shall notify the applicant of the
deficiencies. If the deficiencies are not remedied within the time
limit specified by the Office, it shall reject the application for
cancellation of the registration.

Paragraphs 1, 2, 4 and 5 shall apply mutatis mutandis to a
6.
request for modification of a registration effected pursuant to
Article 24.

Paragraphs 1 to 6 shall apply mutatis mutandis to entries

7.
made in the files pursuant to Article 24(4).

CHAPTER V

SURRENDER AND INVALIDITY

Article 27

Surrender

A declaration of surrender pursuant

1.
Regulation (EC) No 6/2002 shall contain:

to Article 51 of

(a) the registration number of

the registered Community

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 Community design is partially surren-
dered, a representation of the amended design in accor-
dance with Article 4 of this Regulation.

2. Where a right of a third party relating to the registered
Community design is entered in the Register, it shall be suffi-
cient proof of his/her agreement
to the surrender that a
declaration of consent to the surrender is signed by the holder
of that right or his/her representative.

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 forth-
with.

3. Where a claim relating to the entitlement to a registered
Community design has been brought before a court pursuant
to Article 15 of Regulation (EC) No 6/2002, a declaration of
consent to the surrender, signed by the claimant or his/her
representative, shall be sufficient proof of his/her agreement to
the surrender.

4.
If the requirements governing surrender are not fulfilled,
the Office shall communicate the deficiencies to the declarant.
If the deficiencies are not remedied within the time limit speci-
fied by the Office, the Office shall reject the entry of the
surrender in the Register.

Article 28

Application for a declaration of invalidity

1.
An application to the Office for a declaration of invalidity
pursuant to Article 52 of Regulation (EC) No 6/2002 shall
contain:

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(a) as concerns the registered Community design for which the

Article 29

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;

representation and particulars

(iii) additionally, in the case of an application pursuant to
Article 25(1)(e) or (f) of Regulation (EC) No 6/2002,
the
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
Community design does not fulfil the requirements set
out in Article 5 or 6 of Regulation (EC) No 6/2002,
the prior
the indication and the reproduction of
designs that could form an obstacle to the novelty or
individual character of
the registered Community
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, particu-
lars showing that the application is made by a person
or by persons duly entitled pursuant to Article 25(2) of
that Regulation.

The application shall be subject to the fee referred to in

2.
Article 52(2) of Regulation (EC) No 6/2002.

Languages used in invalidity proceedings

1.
The application for a declaration of invalidity shall be
filed in the language of proceedings pursuant to Article 98(4)
of Regulation (EC) No 6/2002.

2. Where the language of proceedings is not the language
used for filing the application and the holder has filed his/her
observations in the language of filing, the Office shall arrange
to have those observations translated into the language of
proceedings.

3.
Three years after the date fixed in accordance with Article
111(2) of Regulation (EC) No 6/2002, the Commission will
submit to the Committee mentioned in Article 109 of Regula-
tion (EC) No 6/2002 a report on the application of paragraph
2 of this Article and, if appropriate, proposals for fixing a limit
for the expenses borne by the Office in this respect as provided
for in the fourth subparagraph of Article 98(4) of Regulation
(EC) No 6/2002.

4.
The Commission may decide to submit the report and
possible proposals referred to in paragraph 3 at an earlier date,
and the Committee shall discuss them as a matter of priority if
the facilities in paragraph 2 lead to disproportionate expendi-
ture.

5. Where the evidence in support of the application is not
filed in the language of the invalidity proceedings, the applicant
shall file a translation of that evidence into that language within
two months of the filing of such evidence.

6. Where the applicant for a declaration of invalidity or the
holder informs the Office, within two months of receipt by the
holder of the communication referred to in Article 31(1) of this
Regulation, that they have agreed on a different language of
proceedings pursuant to Article 98(5) of Regulation (EC) No 6/
2002, the applicant shall, where the application was not filed
in that language, file a translation of the application in that
language within one month of the said date.

Article 30

Rejection of the application for declaration of invalidity as
inadmissible

1.
If the Office finds that the application for declaration of
invalidity does not comply with Article 52 of Regulation (EC)
No 6/2002, Article 28(1) of this Regulation or any other provi-
sion of Regulation (EC) No 6/2002 or this Regulation, it shall
inform the applicant accordingly and shall call upon him/her to
remedy the deficiencies within such time limit as it may
specify.

The Office shall inform the holder that an application for

3.
declaration of invalidity has been filed.

If the deficiencies are not remedied within the specified time
limit, the Office shall reject the application as inadmissible.

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2. Where the Office finds that the required fees have not
been paid, it shall inform the applicant accordingly and shall
inform him/her that the application will be deemed not to have
been filed if the required fees are not paid within a specified
time limit.

If the required fees are paid after the expiry of the time limit
specified, they shall be refunded to the applicant.

3.
Any decision to reject an application for a declaration of
invalidity pursuant to paragraph 1 shall be communicated 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 inva-
lidity

1.
If the Office does not reject the application for declaration
of invalidity in accordance with Article 30, it shall communi-
cate such application to the holder and shall request him/her to
file his/her observations within such time limits as it may
specify.

If the holder files no observations, the Office may base its

2.
decision concerning invalidity on the evidence before it.

3.
Any observations filed by the holder shall be communi-
cated to the applicant, who may be called upon by the Office
to reply within specified time limits.

4.
All communications pursuant to Article 53(2) of Regula-
tion (EC) No 6/2002 and all observations filed in that respect
shall be sent to the parties concerned.

The Office may call upon the parties to make a friendly

5.
settlement.

Article 32

Multiple applications for a declaration of invalidity

1. Where a number of applications for a declaration of inva-
lidity have been filed relating to the same registered Commu-
the Office may deal with them in one set of
nity design,
proceedings.

The Office may subsequently decide no longer to deal with
them in that way.

2.
If a preliminary examination of one or more applications
reveals that the registered Community design may be invalid,
the Office may suspend the other invalidity proceedings.

The Office shall inform the remaining applicants of any rele-
vant decisions taken during such proceedings as are continued.

3.
Once a decision declaring the invalidity of the design has
become final, the applications in respect of which the proceed-
ings have been suspended in accordance with paragraph 2 shall
be deemed to have been disposed of and the applicants
concerned shall be informed accordingly. Such disposition shall
be considered to constitute a case which has not proceeded to
judgment for the purposes of Article 70(4) of Regulation (EC)
No 6/2002.

4.
The Office shall refund 50 % of the invalidity fee referred
to in Article 52(2) of Regulation (EC) No 6/2002 paid by each
applicant whose application is deemed to have been disposed
of in accordance with paragraphs 1, 2 and 3 of this Article.

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 state-
ment and pay the fee referred to in Article 52(2) of Regulation
(EC) No 6/2002.

CHAPTER VI

APPEALS

Article 34

Article 35

Content of the notice of appeal

Rejection of the appeal as inadmissible

1.

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 deci-
sion is requested.

2.
The notice of appeal shall be filed in the language of the
proceedings in which the decision subject to the appeal was
taken.

If the appeal does not comply with Articles 55, 56 and
1.
57 of Regulation (EC) No 6/2002 and Article 34(1)(c) and (2)
of this Regulation, the Board of Appeal shall reject it as inad-
missible, unless each deficiency has been remedied before the
relevant time limit laid down in Article 57 of Regulation (EC)
No 6/2002 has expired.

2.
If the Board of Appeal finds that the appeal does not
comply with other provisions of Regulation (EC) No 6/2002 or
other provisions of this Regulation, in particular with Article
34(1)(a) and (b), it shall inform the appellant accordingly and
shall request him/her to remedy the deficiencies noted within
such time limit as it may specify. If the deficiencies are not
remedied in good time, the Board of Appeal shall reject the
appeal as inadmissible.

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If the fee for appeal has been paid after expiry of the time
3.
limits for the filing of an appeal pursuant to Article 57 of
Regulation (EC) No 6/2002, the appeal shall be deemed not to
have been filed and the appeal fee shall be refunded to the
appellant.

(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;

Article 36

Examination of appeals

Save as otherwise provided, the provisions relating to
1.
proceedings before the department which has made the deci-
sion against which the appeal is brought shall be applicable to
appeal proceedings mutatis mutandis.

2.

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;

(i) the order of the Board of Appeal, including, where neces-

sary, a decision on costs.

3.
The decision shall be signed by the Chairman and the
other members of the Board of Appeal and by the employee of
the registry of the Board of Appeal.

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

Article 40

Noting of loss of rights

Decisions of the Office shall be in writing and shall state

1.
the reasons on which they are based.

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.

Decisions of the Office which are open to appeal shall be
2.
accompanied by a written communication indicating that
notice of appeal must be filed in writing at the Office within
two months of the date of notification of the decision from
which appeal is to be made. The communications shall also
draw the attention of the parties to the provisions laid down in
Articles 55, 56 and 57 of Regulation (EC) No 6/2002.

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 tran-
scription 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.

1.
If the Office finds that the loss of any rights results from
Regulation (EC) No 6/2002 or this Regulation without any
decision having been taken, it shall communicate this to the
person concerned in accordance with Article 66 of Regulation
(EC) No 6/2002, and shall draw his/her attention to the legal
remedies set out in paragraph 2 of this Article.

2.
If the person concerned considers that the finding of the
Office is inaccurate, he/she may, within two months of notifica-
tion of the communication referred to in paragraph 1, apply
for a decision on the matter by the Office.

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

1.
Any decision, communication or notice from the Office
shall indicate the department or division of the Office as well
as the name or the names of the official or officials responsible.
They shall be signed by the official or officials, or, instead of a
signature, carry a printed or stamped seal of the Office.

2.
The President of the Office may determine that other
means of identifying the department or division of the Office
and the name of the official or officials responsible or an identi-
fication other
than a seal may be used where decisions,
communications or notices are transmitted by fax or any other
technical means of communication.

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CHAPTER VIII

ORAL PROCEEDINGS AND TAKING OF EVIDENCE

Article 42

Summons to oral proceedings

1.
The parties shall be summoned to oral proceedings
provided for in Article 64 of Regulation (EC) No 6/2002 and
their attention shall be drawn to paragraph 3 of this Article. At
least one month's notice of the summons shall be given unless
the parties agree to a shorter time limit.

2. When issuing the summons, the Office shall draw atten-
tion to the points which in its opinion need to be discussed in
order for the decision to be taken.

3.
If a party who has been duly summoned to oral proceed-
ings before the Office does not appear as summoned, the
proceedings may continue without him/her.

Article 43

Taking of evidence by the Office

1. Where the Office considers it necessary to hear the oral
evidence of parties, of witnesses or of experts or to carry out
an inspection, it shall take a decision to that end, stating the
means by which it intends to obtain evidence, the relevant facts
to be proved and the date, time and place of the hearing or
inspection.

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.

2.
The period of notice given in the summons of a party,
witness or expert to give evidence shall be at least one month,
unless they agree to a shorter time limit.

The summons shall contain:

(a) an extract from the decision mentioned in the first subpara-
graph 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 Office shall decide in what form the report made by

1.
an expert whom it appoints shall be submitted.

2.

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;

(d) particulars of

the claims which the expert may invoke

pursuant to Article 45(2), (3) and (4).

A copy of any written report shall be submitted to the

3.
parties.

The parties may object to an expert on grounds of incom-
4.
petence or on the same grounds as those on which objection
may be made to an examiner or to a member of a Division or
Board of Appeal pursuant to Article 132(1) and (3) of Council
Regulation (EC) No 40/94 (1). The department of the Office
concerned shall rule on the objection.

Article 45

Costs of taking of evidence

1.
The taking of evidence by the Office may be made condi-
tional upon deposit with it, by the party who has requested the
evidence to be taken, of a sum which shall be fixed by refer-
ence to an estimate of the costs.

2. Witnesses and experts who are summoned by and appear
before the Office shall be entitled to reimbursement of reason-
able expenses for travel and subsistence. An advance for those
expenses may be granted to them by the Office. The first
sentence shall apply also to witnesses and experts who appear
before the Office without being summoned by it and who are
heard as witnesses or experts.

3. Witnesses entitled to reimbursement under paragraph 2
shall also be entitled to appropriate compensation for loss of
earnings, and experts shall be entitled to fees for their services.
Those payments shall be made to the witnesses and experts
after they have fulfilled their duties or tasks, where such
witnesses and experts have been summoned by the Office on
its own initiative.

4.
The amounts and the advances for expenses to be paid
pursuant to paragraphs 1, 2 and 3 shall be determined by the
President of the Office and shall be published in the Official
Journal of the Office.

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

5.
paragraphs 1 to 4 shall lie with:

(a) the Office where the Office, on its own initiative, consid-
ered 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 deci-
sion on apportionment and fixing of costs pursuant to Arti-
cles 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.

(c) the names of the parties to the proceedings;

(1) OJ L 11, 14.1.1994, p. 1.

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Article 46

Minutes of oral proceedings and of evidence

1. Minutes of oral proceedings or the taking of evidence
shall be drawn up, containing the essentials of the oral proceed-
ings or of the taking of evidence, the relevant statements made
by the parties, the testimony of the parties, witnesses or experts
and the result of any inspection.

2.
The minutes of the testimony of a witness, expert or
party shall be read out or submitted to him/her so that he/she
may examine them. It shall be noted in the minutes that this
formality has been carried out and that the person who gave
the testimony approved the minutes. Where his/her approval is
not given, his/her objections shall be noted.

The minutes shall be signed by the employee who drew
3.
them up and by the employee who conducted the oral proceed-
ings or taking of evidence.

4.

The parties shall be provided with a copy of the minutes.

Upon request,

5.
parties transcripts of recordings of the oral proceedings,
typescript or in any other machine-readable form.

the Office shall make available to the
in

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 President of the Office.

CHAPTER IX

NOTIFICATIONS

Article 47

General provisions on notifications

1.
In proceedings before the Office, any notifications to be
made by the Office shall take the form of the original docu-
ment, of a copy thereof certified by, or bearing the seal of, the
Office or of a computer print-out bearing such seal. Copies of
documents emanating from the parties themselves shall not
require such certification.

2.

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.

Notification shall be deemed to have been effected when the
posting has taken place.

3. Where notification is effected by registered letter, whether
or not with acknowledgement of delivery, it shall be deemed to
be delivered to the addressee on the 10th day following that of
its posting, unless the letter has failed to reach the addressee or
has reached him/her at a later date.

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.

4.
Notification by registered letter, with or without acknowl-
edgement of delivery, shall be deemed to have been effected
even if the addressee refuses to accept the letter.

5.
To the extent that notification by post is not covered by
paragraphs 1 to 4, the law of the State on the territory of
which notification is made shall apply.

Article 48

Notification by post

Article 49

Notification by hand delivery

1.
Decisions subject to a time limit for appeal, summonses
and other documents as determined by the President of the
Office shall be notified by registered letter with acknowledge-
ment of delivery.

Decisions and communications subject to another time limit
shall be notified by registered letter, unless the President of the
Office determines otherwise.

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

All other communications shall be ordinary mail.

Notification by deposit in a post box at the Office

Notifications to addressees having neither their domicile
2.
nor their principal place of business nor an establishment in
the Community and who have not appointed a representative
in accordance with Article 77(2) of Regulation (EC) No 6/2002
shall be effected by posting the document requiring notification
by ordinary mail to the last address of the addressee known to
the Office.

Notification may also be effected to addressees who have been
provided with a post box at the Office, by depositing the docu-
ment therein. A written notification of deposit shall be inserted
in the files. The date of deposit shall be recorded on the docu-
ment. Notification shall be deemed to have taken place on the
fifth day following deposit of the document in the post box at
the Office.

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Article 51

Notification by fax and other technical means

1.
Notification by fax shall be effected by transmitting either
the original or a copy, as provided for in Article 47(1), of the
document to be notified. The details of such transmission shall
be determined by the President of the Office.

Details of notification by other

2.
technical means of
communication shall be determined by the President of the
Office.

Article 52

Public notification

1.
If the address of the addressee cannot be established, or if
notification in accordance with Article 48(1) has proved to be
impossible even after a second attempt by the Office, notifica-
tion shall be effected by public notice.

Such notice shall be published at least in the Community Designs
Bulletin.

The President of

2.
the Office shall determine how the
public notice is to be given and shall fix the beginning of the
time limit of one month on the expiry of which the document
shall be deemed to have been notified.

If several representatives have been appointed for a single
2.
interested party, notification to any one of them shall be suffi-
cient, unless a specific address for service has been indicated in
accordance with Article 1(1)(e).

If several

3.
representative, notification of a single document
common representative shall be sufficient.

interested parties have appointed a common
to the

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 docu-
ment shall be deemed to have been notified on the date estab-
lished by the Office as the date of receipt.

Article 55

Article 53

Notification to representatives

1.
If a representative has been appointed or where the appli-
cant first named in a common application is considered to be
the common representative pursuant to Article 61(1), notifica-
tions shall be addressed to that appointed or common represen-
tative.

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 docu-
ment contains no new pleadings and the matter is ready for
decision.

CHAPTER X

TIME LIMITS

Article 56

Calculation of time limits

where the relevant subsequent month has no day with the same
number the time limit shall expire on the last day of that
month.

Time limits shall be laid down in terms of full years,

1.
months, weeks or days.

2.
The beginning of any time limit shall be calculated
starting on the day following the day on which the relevant
event occurred, the event being either a procedural step or the
expiry of another time limit. Where that procedural step is a
notification, the event considered shall be the receipt of the
document notified, unless otherwise provided.

3. Where a time limit is expressed as one year or a certain
number of years, it shall expire in the relevant subsequent year
in the month having the same name and on the day having the
same number as the month and the day on which the relevant
event occurred. Where the relevant month has no day with the
same number the time limit shall expire on the last day of that
month.

4. Where a time limit is expressed as one month or a certain
number of months, it shall expire in the relevant subsequent
month on the day which has the same number as the day on
which the relevant event occurred. Where the day on which
the relevant event occurred was the last day of a month or

5. Where a time limit is expressed as one week or a certain
number of weeks,
it shall expire in the relevant subsequent
week on the day having the same name as the day on which
the relevant event occurred.

Article 57

Duration of time limits

1. Where Regulation (EC) No 6/2002 or this Regulation
provide for a time limit to be specified by the Office, such time
limit shall, when the party concerned has its domicile or its
principal place of business or an establishment within the
Community, be not less than one month, or, when those condi-
tions are not fulfilled, not less than two months, and no more
than six months.

The Office may, when this is appropriate under the circum-
stances, 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.

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2. Where there are two or more parties, the Office may
make the extension of a time limit subject to the agreement of
the other parties.

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.

Article 58

Expiry of time limits in special cases

The period referred to in the first subparagraph shall be as
determined by the President of the Office.

1.
If a time limit expires on a day on which the Office is not
open for receipt of documents or on which, for reasons other
is not
than those referred to in paragraph 2, ordinary mail
delivered in the locality in which the Office is located, the time
limit shall extend until the first day thereafter on which the
Office is open for receipt of documents and on which ordinary
mail is delivered.

The days on which the Office is not open for receipt of docu-
ments shall be determined by the President of the Office before
the commencement of each calendar year.

If a time limit expires on a day on which there is a
2.
general interruption or subsequent dislocation in the delivery
of mail in a Member State or between a Member State and the
Office, the time limit shall extend until the first day following
the end of the period of interruption or dislocation, for parties
registered office in the State
having their
concerned or who have appointed representatives with a place
of business in that State.

residence or

3.
Paragraphs 1 and 2 shall apply mutatis mutandis to the
time limits provided for in Regulation (EC) No 6/2002 or this
Regulation in the case of transactions to be carried out with
the competent authority within the meaning of Article 35(1)(b)
and (c) of Regulation (EC) No 6/2002.

4.
If an exceptional occurrence such as natural disaster or
strike interrupts or dislocates the proper functioning of the
Office so that any communication from the Office to parties
concerning the expiry of a time limit is delayed, acts to be
completed within such a time limit may still be validly
completed within one month of the notification of the delayed
communication.

The date of commencement and the end of any such interrup-
tion or dislocation shall be as determined by the President of
the Office.

INTERRUPTION OF PROCEEDINGS AND WAIVING OF ENFORCED RECOVERY PROCEDURES

CHAPTER XI

Article 59

Interruption of proceedings

the Office has notified to the other parties the communication
of the appointment of a new representative of the holder of the
design.

1.

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 Community 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
Community 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 represen-
tative of an applicant for or holder of a registered Commu-
nity 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.

subparagraph of paragraph 1,

2. When, in the cases referred to in points (a) and (b) of the
first
the Office has been
informed of the identity of the person authorised to continue
the proceedings before the Office, the Office shall communicate
to such person and to any interested third parties that the
proceedings shall be resumed as from a date to be fixed by the
Office.

If, three months after the beginning of the interruption of the
proceedings, the Office has not been informed of the appoint-
ment of a new representative, it shall communicate that fact to
the applicant for or holder of the registered Community design:

that

(a) where Article 77(2) of Regulation (EC) No 6/2002 is applic-
the Community design application will be
able,
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.

The time limits, other than the time limit for paying the
4.
renewal fees, in force as regards the applicant for or holder of
the Community design at
the
proceedings, shall begin again as from the day on which the
proceedings are resumed.

interruption of

the date of

Article 60

Waiving of enforced recovery procedures

3.
In the case referred to in paragraph 1(c), the proceedings
shall be resumed when the Office has been informed of the
appointment of a new representative of the applicant or when

The President of the Office may waive action for the enforced
recovery of any sum due where the sum to be recovered is
minimal or where such recovery is too uncertain.

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CHAPTER XII

REPRESENTATION

Article 61

Appointment of a common representative

1.
If there is more than one applicant and the application
for a registered Community design does not name a common
representative, the applicant first named in the application shall
be considered to be the common representative.

However,
if one of the applicants is obliged to appoint a
professional representative, such representative shall be consid-
ered 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 Community
design.

2.
If, during the course of proceedings, transfer is made to
more than one person, and such persons have not appointed a
common representative, paragraph 1 shall apply.

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

Legal

practitioners

representatives
1.
entered on the lists maintained by the Office pursuant
to
Article 78(1)(b) or (c) of Regulation (EC) No 6/2002 may file
with the Office a signed authorisation for inclusion in the files.

and professional

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.

2.
Employees acting on behalf of natural or legal persons
pursuant to Article 77(3) of Regulation (EC) No 6/2002 shall
file with the Office a signed authorisation for insertion in the
files.

The authorisation may be filed in any of the official
3.
languages of the Community. It may cover one or more appli-
cations or registered Community designs or may be in the form
of a general authorisation allowing the representative to act in
respect of all proceedings before the Office to which the person
who has issued it is a party.

represented person. Any procedural steps other than the filing
of the application taken by the representative shall be deemed
not to have been taken if the represented person does not
approve them. The application of Article 77(2) of Regulation
(EC) No 6/2002 shall remain unaffected.

Paragraphs 1, 2 and 3 shall apply mutatis mutandis to a

5.
document withdrawing an authorisation.

6.
Any representative who has ceased to be authorised shall
continue to be regarded as the representative until the termina-
tion of his/her authorisation has been communicated to the
Office.

Subject

7.
to any provisions to the contrary contained
therein, an authorisation shall not terminate vis-à-vis the Office
upon the death of the person who gave it.

8. Where several representatives are appointed by the same
to the
they may, notwithstanding any provisions
party,
contrary in their authorisations, act either collectively or indivi-
dually.

9.
The authorisation of an association of representatives
shall be deemed to be an authorisation of any representative
who can establish that he/she practises within that association.

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 representa-
tives for design matters

The entry of a professional representative in the special
1.
list of professional
for design matters, as
referred to in Article 78(4) of Regulation (EC) No 6/2002, shall
be deleted at his/her request.

representatives

The entry of a professional representative shall be deleted

2.
automatically:

(a) in the event of the death or legal incapacity of the profes-

sional representative;

4. Where, pursuant to paragraphs 1 or 2, an authorisation
has to be filed, the Office shall specify a time limit within
which such authorisation shall be filed. If the authorisation is
not filed in due time, proceedings shall be continued with the

(b) where the professional

representative is no longer a
national of a Member State, unless the President of the
to Article
Office has granted an exemption pursuant
78(6)(a) of Regulation (EC) No 6/2002;

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(c) where the professional representative no longer has his/her

place of business or employment in the Community;

(d) where the professional representative no longer possesses
the entitlement referred to in the first sentence of Article
78(4)(c) of Regulation (EC) No 6/2002.

The entry of a professional

3.
representative shall be
suspended of the Office's own motion where his/her entitle-
ment to represent natural or legal persons before the Benelux
Design Office or the central industrial property office of the
Member State as referred to in the first sentence of Article
78(4)(c) of Regulation (EC) No 6/2002 has been suspended.

A person whose entry has been deleted shall, upon
4.
request pursuant to Article 78(5) of Regulation (EC) No 6/
2002, be reinstated in the list of professional representatives if
the conditions for deletion no longer exist.

The Benelux Design Office and the central

industrial
5.
property offices of the Member States concerned shall, where
they are aware thereof, promptly inform the Office of any rele-
vant events referred to in paragraphs 2 and 3.

The amendments of the special list of professional repre-
6.
sentatives for design matters shall be published in the Official
Journal of the Office.

CHAPTER XIII

WRITTEN COMMUNICATIONS AND FORMS

Article 65

Communication in writing or by other means

1.
Subject to paragraph 2, applications for the registration
of a Community design as well as any other application or
declaration provided for in Regulation (EC) No 6/2002 and all
other
shall be
submitted as follows:

communications addressed to the Office

(a) by submitting a signed original of the document in ques-
tion 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; or

(c) by transmitting the contents of the communication by elec-

tronic means in accordance with Article 67.

2. Where the applicant avails himself of
the possibility
provided for in Article 36(1)(c) of Regulation (EC) No 6/2002
of filing a specimen of the design, the application and the
specimen shall be submitted to the Office by a single mail in
the form prescribed in paragraph 1(a) of this Article. If the
application and the specimen, or specimens in the case of a
multiple application, are not submitted by a single mail the
Office shall not give a filing date until the last item has been
received pursuant to Article 10(1) of this Regulation.

Article 66

Communication by fax

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.

2. Where a communication received by fax is incomplete or
illegible, or where the Office has reasonable doubts as to the
accuracy of the transmission, the Office shall inform the sender
accordingly and shall call upon him/her, within a time limit to
be specified by the Office, to retransmit the original by fax or
to submit the original in accordance with Article 65(1)(a).

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 Community 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.

3.
Any communication submitted to the Office by fax shall
be considered to be duly signed if the reproduction of the
signature appears on the printout produced by the fax.

The President of

4.
the Office may determine additional
requirements for communication by fax, such as the equipment
to be used, technical details of communication, and methods of
identifying the sender.

1. Where an application for registration of a Community
design is submitted by fax and the application contains a repro-
duction of the design pursuant to Article 4(1) which does not
satisfy the requirements of that Article, the required reproduc-
tion suitable for registration and publication shall be submitted
to the Office in accordance with Article 65(1)(a).

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.

Article 67

Communication by electronic means

1.
Applications for registration of a Community design may
be submitted by electronic means, including the representation
of the design, and notwithstanding Article 65(2) in the case of
filing a specimen.

The conditions shall be laid down by the President of the
Office.

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The President of the Office shall determine the require-
2.
ments for communication by electronic means, such as the
equipment to be used, technical details of communication, and
methods of identifying the sender.

3. Where a communication is sent by electronic means,
Article 66(2) shall apply mutatis mutandis.

4. Where a communication is sent to the Office by elec-
tronic means, the indication of the name of the sender shall be
deemed to be equivalent to the signature.

Article 68

Forms

The Office shall make available free of charge forms for

1.
the purpose of:

(a) filing an application for a registered Community design;

(b) applying for the correction of an application or a registra-

tion;

(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 Commu-

nity design;

(f) applying for a declaration of

invalidity of a registered

Community 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.

The Office may make other forms available free of

2.
charge.

3.
The Office shall make available the forms referred to in
paragraphs 1 and 2 in all the official languages of the Commu-
nity.

The Office shall place the forms at the disposal of the
4.
Benelux Design Office and of the Member States' central indus-
trial property offices free of charge.

The Office may also make available the forms

5.
machine-readable form.

in

6.
Parties to proceedings before the Office should use the
forms provided by the Office, or copies of those forms, or
forms with the same content and format as those forms, such
as forms generated by means of electronic data processing.

7.
Forms shall be completed in such a manner as to permit
an automated input of the content into a computer, such as by
character recognition or scanning.

CHAPTER XIV

INFORMATION TO THE PUBLIC

Article 69

Register of Community Designs

The Register may be maintained in the form of an elec-

1.
tronic database.

2.

The Register shall contain the following entries:

(a) the date of filing the application;

(b) the file number of the application and the file number of
each individual design included in a multiple application;

(c) the date of the publication of the registration;

(d) the name, the address and the nationality of the applicant
and the State in which he/she is domiciled or has his/her
seat or establishment;

(e) the name and business address of the representative, other
than an employee acting as representative in accordance
with the first subparagraph of Article 77(3) of Regulation
(EC) No 6/2002; where there is more than one representa-
tive, only the name and business address of the first named
representative, the name being followed by the words ‘et
al’, shall be recorded; where an association of representa-
tives is appointed, only the name and address of the asso-
ciation shall be recorded;

(g) an indication of the products by their names, preceded by
the numbers of the classes and subclasses of the Locarno
classification, and grouped accordingly;

(h) particulars of claims of priority pursuant to Article 42 of

Regulation (EC) No 6/2002;

(i) particulars of claims of exhibition priority pursuant to

Article 44 of Regulation (EC) No 6/2002;

(j) where applicable, the citation of the designer or of the
team of designers pursuant to Article 18 of Regulation
(EC) No 6/2002, or a statement that the designer or the
team of designers has waived the right to be cited;

(k) the language in which the application was filed and the
second language which the applicant has indicated in his/
her application, pursuant to Article 98(2) of Regulation
(EC) No 6/2002;

(l) the date of registration of the design in the Register and

the registration number;

(m) a mention of any request for deferment of publication
pursuant to Article 50(3) of Regulation (EC) No 6/2002,
specifying the date of expiry of the period of deferment;

(n) a mention that a specimen was filed pursuant to Article 5;

(o) a mention that a description was filed pursuant to Article

(f) the representation of the design;

1(2)(a).

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In addition to the entries set out in paragraph 2 the
3.
Register shall contain the following entries, each accompanied
by the date of recording such entry:

(a) changes in the name, the address or the nationality of the
holder or in the State in which he/she is domiciled or has
his/her seat or establishment;

(b) changes in the name or business address of the representa-
tive, other than a representative falling within the first
subparagraph of Article 77(3) of Regulation (EC) No 6/
2002;

(c) when a new representative is appointed, the name and

business address of that representative;

(d) a mention that a multiple application or registration has
been divided into separate applications or registrations
pursuant to Article 37(4) of Regulation (EC) No 6/2002;

(e) 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 Regula-
tion;

(f) a mention that entitlement proceedings have been insti-
tuted under Article 15(1) of Regulation (EC) No 6/2002 in
respect of a registered Community design;

(g) the final decision or other termination of proceedings
pursuant to Article 15(4)(b) of Regulation (EC) No 6/2002
concerning entitlement proceedings;

(h) a change of ownership pursuant to Article 15(4)(c) of

Regulation (EC) No 6/2002;

(i) transfers pursuant to Article 28 of Regulation (EC) No 6/

2002;

(j) the creation or transfer of a right in rem pursuant to Article
29 of Regulation (EC) No 6/2002 and the nature of the
right in rem;

(l) 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;

(m) renewal of the registration pursuant to Article 13 of Regu-
lation (EC) No 6/2002 and the date from which it takes
effect;

(n) a record of the determination of the expiry of the registra-

tion;

(o) a declaration of total or partial surrender by the holder
pursuant to Article 51(1) and (3) of Regulation (EC) No 6/
2002;

(p) the date of submission of an application or of the filing of
a counterclaim for a declaration of invalidity pursuant,
respectively, to Article 52 or Article 86(2) of Regulation
(EC) No 6/2002;

(q) the date and content of the decision on the application or
invalidity or any other
to

counterclaim for declaration of
termination of proceedings pursuant,
Article 53 or Article 86(4) of Regulation (EC) No 6/2002;

respectively,

(r) a mention pursuant to Article 50(4) of Regulation (EC) No
6/2002 that the registered Community design is deemed
from the outset not to have had the effects specified in that
Regulation;

(s) the cancellation of the representative recorded pursuant to

paragraph 2(e);

(t) the modification or cancellation from the Register of the

items referred to in points (j), (k) and (l).

The President of the Office may determine that items
4.
other than those referred to in paragraphs 2 and 3 shall be
entered in the Register.

5.

The holder shall be notified of any change in the Register.

(k) levy of execution pursuant to Article 30 of Regulation (EC)
No 6/2002 and insolvency proceedings pursuant to Article
31 of that Regulation;

6.
Subject to Article 73, the Office shall provide certified or
uncertified extracts from the Register on request, on payment
of a fee.

CHAPTER XV

COMMUNITY DESIGNS BULLETIN AND DATA BASE

Article 70

particulars relating to registrations of designs whose publication
is prescribed by Regulation (EC) No 6/2002 or by this Regula-
tion.

Community Designs Bulletin

The Office shall determine the frequency of the publica-
1.
tion of the Community Designs Bulletin and the manner in which
such publication shall take place.

3. Where particulars whose publication is prescribed in
Regulation (EC) No 6/2002 or in this Regulation are published
in the Community Designs Bulletin, the date of issue shown on
the Bulletin shall be taken as the date of publication of the
particulars.

2. Without prejudice to the provisions of Article 50(2) of
Regulation (EC) No 6/2002 and subject to Articles 14 and 16
of this Regulation relating to deferment of publication, the
Community Designs Bulletin shall contain publications of regis-
tration and of entries made in the Register as well as other

4.
The information the publication of which is prescribed in
Articles 14 and 16 shall, where appropriate, be published in all
the official languages of the Community.

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Article 71

Database

tion (EC) No 6/2002, make available the contents of that data-
base for direct access or on CD-ROM or in any other machine-
readable form.

The Office shall maintain an electronic database with the
1.
registration of Community
for
particulars of applications
designs and entries in the Register. The Office may, subject to
the restrictions prescribed by Article 50(2) and (3) of Regula-

2.
The President of the Office shall determine the conditions
of access to the database and the manner in which the contents
of this database may be made available in machine-readable
form, including the charges for those acts.

CHAPTER XVI

INSPECTION OF FILES AND KEEPING OF FILES

Article 72

The request for inspection of the files shall not be deemed to
have been made until the required fee has been paid.

Parts of the file excluded from inspection

The parts of the file which shall be excluded from inspection
pursuant to Article 74(4) of Regulation (EC) No 6/2002 shall
be:

(a) documents relating to exclusion or objection pursuant to
Article 132 of Regulation (EC) No 40/94, the provisions of
that Article being considered for this purpose as applying
mutatis mutandis to registered Community designs and to
applications for these;

(b) draft decisions and opinions, and all other internal docu-
ments used for the preparation of decisions and opinions;

(c) parts of

the file which the party concerned showed a
special interest in keeping confidential before the applica-
tion for inspection of the files was made, unless inspection
of such part of the file is justified by overriding legitimate
interests of the party seeking inspection.

Article 73

Inspection of the Register of Community Designs

Where the registration is subject to a deferment of publication
pursuant to Article 50(1) of Regulation (EC) No 6/2002:

(a) access to the Register to persons other than the holder shall
be limited to the name of the holder, the name of any
representative, the date of filing and registration, the file
number of the application and the mention that publication
is deferred;

(b) the certified or uncertified extracts from the Register shall
contain only the name of the holder, the name of any
representative, the date of filing and registration, the file
number of the application and the mention that publication
is deferred, except where the request has been made by the
holder or his/her representative.

The means of inspection shall be determined by the President
of the Office.

2. Where inspection of the files relates to an application for
a registered Community design or to a registered Community
design which is subject to deferment of publication, which,
being subject to such deferment, has been surrendered before
or on the expiry of that period or which, pursuant to Article
50(4) of Regulation (EC) No 6/2002, is deemed from the outset
not to have had the effects specified in that Regulation, the
request shall contain an indication and evidence to the effect
that:

(a) the applicant for or holder of the Community design has

consented to the inspection; or

(b) the person requesting the inspection has established a legiti-
mate interest in the inspection of the file,
in particular
where the applicant for or holder of the Community design
has stated that after the design has been registered he/she
will invoke the rights under it against the person requesting
the inspection.

Inspection of the files shall take place on the premises of

3.
the Office.

On request,

4.
inspection of the files shall be effected by
means of issuing copies of file documents. Such copies shall
incur fees.

5.
The Office shall issue on request certified or uncertified
copies of the application for a registered Community design or
those file documents of which copies may be issued
of
pursuant to paragraph 4 upon payment of a fee.

Article 75

Article 74

Communication of information contained in the files

Procedures for the inspection of files

1.
Inspection of the files of registered Community designs
shall either be of the original document, or of copies thereof,
or of technical means of storage if the files are so stored.

Subject to the restrictions provided for in Article 74 of Regula-
tion (EC) No 6/2002 and Articles 72 and 73 of this Regulation,
the Office may, upon request, communicate information from
any file of a Community design applied for or of a registered
Community design, subject to payment of a fee.

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However, the Office may require the applicant to inspect the
file in situ, should it deem that to be appropriate in view of the
quantity of information to be supplied.

(c) the complete surrender of the registered Community design
is registered pursuant to Article 51 of Regulation (EC) No
6/2002;

Article 76

Keeping of files

(d) the registered Community design is definitively removed

from the Register;

1.
The Office shall keep the files relating to Community
design applications and to registered Community designs for at
least five years from the end of the year in which:

(e) the registered Community design is deemed not to have
had the effects specified in Regulation (EC) No 6/2002
pursuant to Article 50(4) thereof.

(a) the application is rejected or withdrawn;

(b) the registration of the registered Community design expires

definitively;

The President of the Office shall determine the form in

2.
which the files shall be kept.

CHAPTER XVII

ADMINISTRATIVE COOPERATION

Article 77

Article 78

Exchange of information and communications between
the Office and the authorities of the Member States

The Office and the central industrial property offices of
1.
the Member States and the Benelux Design Office shall, upon
request, communicate to each other relevant information about
the filing of applications for registered Community designs,
Benelux designs or national
registered designs and about
proceedings relating to such applications and the designs regis-
tered as a result thereof. Such communications shall not be
subject to the restrictions provided for in Article 74 of Regula-
tion (EC) No 6/2002.

Communications between the Office and the courts or
2.
authorities of the Member States which arise out of the applica-
tion of Regulation (EC) No 6/2002 or this Regulation shall be
effected directly between those authorities.

Such communication may also be effected through the central
industrial property offices of the Member States or the Benelux
Design Office.

3.
Expenditure in respect of communications pursuant to
paragraphs 1 and 2 shall be chargeable to the authority making
the communications, which shall be exempt from fees.

Inspection of files by or via courts or authorities of the
Member States

1.
Inspection of files relating to Community designs applied
for or registered Community designs by courts or authorities of
the Member States shall if so requested be of the original docu-
ments or of copies thereof. Article 74 shall not apply.

2.
Courts or public prosecutors' offices of the Member States
may, in the course of proceedings before them, open files or
copies thereof transmitted by the Office to inspection by third
parties. Such inspection shall be subject to Article 74 of Regu-
lation (EC) No 6/2002.

The Office shall not charge any fee for inspections

3.
pursuant to paragraphs 1 and 2.

4.
The Office shall, at the time of transmission of the files or
copies thereof to the courts or public prosecutors' offices of the
Member States, indicate the restrictions to which the inspection
of files relating to Community designs applied for or registered
Community designs is subject pursuant to Article 74 of Regula-
tion (EC) No 6/2002 and Article 72 of this Regulation.

CHAPTER XVIII

COSTS

Article 79

3.
A bill of costs, with supporting evidence, shall be attached
to the request for the fixing of costs provided for in the first
sentence of Article 70(6) of Regulation (EC) No 6/2002.

Apportionment and fixing of costs

1.
Apportionment of costs pursuant to Article 70(1) and (2)
of Regulation (EC) No 6/2002 shall be dealt with in the deci-
sion on the application for a declaration of invalidity of a regis-
tered Community design, or in the decision on the appeal.

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.

2.
Apportionment of costs pursuant to Article 70(3) and (4)
of Regulation (EC) No 6/2002 shall be dealt with in a decision
on costs by the Invalidity Division or the Board of Appeal.

4.
The request provided for in the second sentence of Article
70(6) of Regulation (EC) No 6/2002 for a review of the deci-
sion of the registry on the fixing of costs, stating the reasons
on which it is based, must be filed at the Office within one
month of the date of notification of the awarding of costs.

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It shall not be deemed to be filed until the fee for reviewing the
amount of the costs has been paid.

5.
The Invalidity Division or the Board of Appeal, as the
case may be, shall take a decision on the request referred to in
paragraph 4 without oral proceedings.

6.
The fees to be borne by the losing party pursuant to
Article 70(1) of Regulation (EC) No 6/2002 shall be limited to
the fees incurred by the other party for the application for a
declaration of invalidity and/or for the appeal.

7.
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 busi-
ness 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 trans-
port 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 subsis-
tence 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 inspec-
tion, 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 Community design up to EUR 400;

(ii) of the holder in proceedings relating to invalidity of a

registered Community 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 examina-
tion of witnesses, opinions by experts or inspection, an addi-
tional amount shall be granted for representation costs of up to
EUR 600 per proceedings.

CHAPTER XIX

LANGUAGES

Article 80

Applications and declarations

Article 81

Written proceedings

Without prejudice to Article 98(4) of Regulation (EC) No 6/
2002:

(a) any application or declaration relating to an application for
a registered Community 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 Regula-
tion (EC) No 6/2002, or declaration of surrender pursuant
to Article 51 of that Regulation relating to a registered
Community 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
the
form is completed in one of the languages of the Office, as
far as textual elements are concerned.

languages of the Community, provided that

1. Without prejudice to Article 98(3) and (5) of Regulation
(EC) No 6/2002 and save as otherwise provided in this Regula-
tion, in written proceedings before the Office a party may use
any language of the Office.

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 docu-
ment.

Where the applicant for a registered Community design is the
sole party to proceedings before the Office and the language
used for the filing of the application for the registered Commu-
nity design is not one of the languages of the Office, the trans-
lation may also be filed in the second language indicated by the
applicant in his/her application.

2.
Save as otherwise provided in this Regulation, documents
to be used in proceedings before the Office may be filed in any
official language of the Community.

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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

Any party to oral proceedings before the Office may, in
1.
place of the language of proceedings, use one of the other offi-
languages of the Community, on condition that he/she
cial
makes provision for
interpretation into the language of
proceedings.

the oral proceedings

Where
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.

2.
In oral proceedings concerning the application for regis-
tration of a design, the staff of the Office may use either the
language of the application or the second language indicated
by the applicant.

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.

3. With regard to the taking of evidence, any party to be
heard, witness or expert who is unable to express himself/
herself adequately in the language of proceedings, may use any
of the official languages of the Community.

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.

If the parties and the Office so agree, any official language

4.
of the Community may be used in oral proceedings.

5.
The Office shall, if necessary, make provision at its own
expense for interpretation into the language of proceedings, or,
where appropriate, into its other languages, unless this inter-
pretation is the responsibility of one of the parties to the
proceedings.

Statements by staff of

6.
the Office, by parties to the
proceedings and by witnesses and experts, made in one of the
languages of the Office during oral proceedings shall be entered
in the minutes in the language employed. Statements made in
any other language shall be entered in the language of proceed-
ings.

Corrections to the application for or the registration of a
Community design shall be entered in the minutes in the
language of proceedings.

Article 83

Certification of translations

1. When a translation of any document is to be filed, the
Office may require the filing, within a time limit to be specified
by it, of a certificate that the translation corresponds to the
original text.

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.

The President of the Office may determine the manner in

2.
which translations are certified.

Article 84

Legal authenticity of translations

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.

In the absence of evidence to the contrary, the Office may
assume that a translation corresponds to the relevant original
text.

RECIPROCITY, TRANSITION PERIOD AND ENTRY INTO FORCE

CHAPTER XX

Article 85

Publication of reciprocity

If necessary, the President of the Office shall request the
1.
Commission to enquire whether a State which is not party to
the Paris Convention for the Protection of Industrial Property
or to the Agreement establishing the World Trade Organisation
grants reciprocal treatment within the meaning of Article 41(5)
Regulation (EC) No 6/2002.

If the Commission determines that reciprocal treatment in
it shall publish a
the
Journal of

2.
accordance with paragraph 1 is granted,
communication to that effect
European Communities.

in the Official

Article 41(5) of Regulation (EC) No 6/2002 shall apply
3.
from the date of publication in the Official
the
European Communities of the communication referred to in para-
graph 2, unless the communication states an earlier date from
which it is applicable.

Journal of

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 Commis-
sion stating that reciprocal treatment is no longer granted,
unless the communication states an earlier date from which it
is applicable.

Communications referred to in paragraphs 2 and 3 shall

4.
also be published in the Official Journal of the Office.

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Article 86

Transition period

1.
Any application for registration of a Community design
filed no more than three months before the date fixed pursuant
to Article 111(2) of Regulation (EC) No 6/2002 shall be
marked by the Office with the filing date determined pursuant
to that provision and with the actual date of receipt of the
application.

2. With regard to the application, the priority period of six
months provided for in Articles 41 and 44 of Regulation (EC)
No 6/2002 shall be calculated from the date fixed pursuant to
Article 111(2) of that Regulation.

The Office may issue a receipt to the applicant prior to
3.
the date fixed pursuant to Article 111(2) of Regulation (EC) No
6/2002.

4.
The Office may examine the applications prior to the date
fixed pursuant to Article 111(2) of Regulation (EC) No 6/2002
and communicate with the applicant with a view to remedying
any deficiencies prior to that date.

Any decisions with regard to such applications may be taken
only after that date.

5. Where the date of receipt of an application for the regis-
tration of a Community design by the Office, by the central
industrial property office of a Member State or by the Benelux
Design Office is before the commencement of the three-month
period specified in Article 111(3) of Regulation (EC) No 6/
2002 the application shall be deemed not to have been filed.

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.

Done at Brussels, 21 October 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission