Commission Regulation (EC) No 877/2007 of 24 July 2007 amending Regulation (EC) No 2246/2002 concerning the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) following the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs
Date: 2007-07-24
Institutions: European Commission
Subjects: EU trade mark, European Union Intellectual Property Office, World Intellectual Property Organisation, designs and models, tax, trade-mark law

L 193/16

EN

Official Journal of the European Union

25.7.2007

COMMISSION REGULATION (EC) No 877/2007

of 24 July 2007

amending Regulation (EC) No 2246/2002 concerning the fees payable to the Office for
Harmonization in the Internal Market (Trade Marks and Designs) following the accession of the
European Community to the Geneva Act of the Hague Agreement concerning the international
registration of industrial designs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
Community,

establishing the European

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on Fees,
Implementing Rules and the procedure of the Boards of
Appeal of the Office for Harmonization in the Internal
Market (trade marks and designs),

Having regard to Council Regulation (EC) No 6/2002 of 12
December 2001 on Community Designs (1), and in particular
Article 107(2) thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

(5)

Following the accession of the European Community to
the Geneva Act of the Hague Agreement concerning the
International Registration of Industrial Designs adopted
on 2 July 1999 (hereinafter ‘the Geneva Act’) approved
the
by
amendments of Regulation (EC) No 6/2002 linked
thereto,
it is necessary to adopt certain implementing
measures concerning fees to be paid to the International
Bureau of the World Intellectual Property Organisation.

Council Decision

2006/954/EC (2)

and

Article 106c of Regulation (EC) No 6/2002 provides that
the prescribed designation fees referred to in Article 7(1)
of the Geneva Act are replaced by an individual desig-
nation fee.

The amount of that fee is laid down in the Declaration
on the individual
fee system attached to Decision
2006/954/EC, made in accordance with Article 7(2) of
the Geneva Act.

In order
to ensure the necessary flexibility and to
facilitate the payment of fees, it is appropriate to align
the rules applicable to the fees for designs with the rules
applicable to the fees for
trademarks laid down in
Commission Regulation (EC) No 2869/95 of 13
December 1995 on the fees payable to the Office for
Harmonization in the Internal Market (Trade Marks and
Designs) (3) by suppressing the cash and cheques as
means of payment.

Commission Regulation (EC) No 2246/2002 of 16
December 2002 on the fees payable to the Office for
Harmonization in the Internal Market (Trade Marks and
Designs)
in respect of the registration of Community
designs (4) should therefore be amended accordingly.

Article 1

Regulation (EC) No 2246/2002 is amended as follows:

1. In Article 1, points (a) and (b) are replaced by the following:

‘1.

fees payable to:

(a)

the Office for Harmonization in the Internal Market
(Trade Marks and Designs) (hereinafter the “Office”)
on the basis of Regulation (EC) No 6/2002 and
Regulation (EC) No 2245/2002;

(b) the International Bureau of the World Intellectual
Property Organisation on the basis of the Geneva
Act of the Hague Agreement concerning the Inter-
national Registration of Industrial Designs adopted
“the Geneva Act”)
on 2 July 1999 (hereinafter
approved by Council Decision 2006/954/EC (*);

charges laid down by the President of the Office.

2.
___________
(*) OJ L 386, 29.12.2006, p. 28.’

2. Article 2 is replaced by the following:

‘Article 2

Fees

1.
The fees payable to the Office on the basis of Regu-
lation (EC) No 6/2002 and Regulation (EC) No 2245/2002
are set out in the Annex to this Regulation.

(1) OJ L 3, 5.1.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1891/2006 (OJ L 386, 29.12.2006, p. 14).

(2) OJ L 386, 29.12.2006, p. 28.
(3) OJ L 303, 15.12.1995, p. 33. Regulation as last amended by Regu-

lation (EC) No 1687/2005 (OJ L 271, 15.10.2005, p. 14).

(4) OJ L 341, 17.12.2002, p. 54.

Individual designation fees payable to the International
2.
Bureau on the basis of Article 7(2) of the Geneva Act in
conjunction with Article 106c of Regulation (EC) No 6/2002
and Article 13(1) of that Regulation and Article 22(2)(a) of
Regulation (EC) No 2245/2002 are set out in the Annex to
this Regulation.’

25.7.2007

EN

Official Journal of the European Union

L 193/17

3. In Article 5, paragraph 1 is replaced by the following:

Fees and charges due to the Office shall be paid in euro by payment or transfer to a bank account

‘1.
held by the Office.’

4. Article 7 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
The date on which any payment shall be considered to have been made to the Office shall be
the date on which the amount of the payment is actually entered in a bank account held by the
Office.’;

(b) in Paragraph 3, point (a) is replaced by the following:

‘(a) duly gave an order to a banking establishment to transfer the amount of the payment in a
Member State within the period within which the payment should have been made; and’.

5. The Annex is amended as follows:

(a)

the following point 1a is inserted in the Table:

‘1a. Individual Designation fee for an international registration (Article 106c of
Regulation (EC) No 6/2002; Article 7(2) of the Geneva Act — (per design)

(b) the following point 11a is inserted in the Table:

‘11a. Individual renewal fee for an international registration (Article 13(1) and 106c
of Regulation (EC) No 6/2002; Article 22(2)(a) of Regulation (EC)
No 2245/2002 per design:
(a) for the first period of renewal — (per design);
(b) for the second period of renewal — (per design)
(c) for the third period of renewal — (per design)
(d) for the fourth period of renewal — (per design)

62’

31

31

31
31’

Article 2

This Regulation shall enter into force on the date on which the Geneva Act of the Hague Agreement
concerning the International Registration of
to the
European Community. The date of entry into force of this Regulation shall be published in the Official
Journal of the European Union.

Industrial Designs enters into force with respect

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 July 2007.

For the Commission

Charlie McCREEVY
Member of the Commission