Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92000E3114

**WRITTEN QUESTION E-3114/00 by Freddy Blak (PSE) to the Commission. Protection of designs.** 
  
*Official Journal 113 E , 18/04/2001 P. 0245 - 0245*

  

WRITTEN QUESTION E-3114/00

by Freddy Blak (PSE) to the Commission

(4 October 2000)

Subject: Protection of designs

The considerable differences between the Member States' legislation on designs in terms of applications, design registration authorities, procedures, laws, nationally restricted sole rights, etc. make it very difficult and costly to protect a product from competitors.

What protection is provided by the EU's rules on the protection of designs for a Dane who had his design copied 13 years ago by a large Italian firm? Where should he make representations and is it possible for him where the design of his product is protected in Denmark, to take legal action in the Member State where the product has been copied?

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

The Commission is pleased to inform the Honourable Member about the results that have been achieved with a proposal for a Directive 98/71/EC of the Parliament and of the Council, of 13 October 1998, on the legal protection of designs(1) and some of the expected result of work with the designs regulation(2) in relation to his question. The Directive harmonises the essential elements of the Member States' substantive law on industrial designs and it will certainly make it much easier for individual industrial designers to rely on the protection afforded to them in each Member State, as soon as the legislation is harmonised which, according to the Directive, should be no later than 28 October 2000. Industrial designs protection is dependant on the various national systems such as registration, but apart from specific designs protection each Member State must provide for remedies against copyright infringements and unfair competition. The Community designs regulation will in contrast provide for an easy, user friendly and affordable system to obtain designs protection for the whole Community. As to the Honourable Member's specific question about the problems, it seems a solution cannot be found in Community law as Community legislation does not apply with retroactive effect. Therefore, the solution depends in principle on the relevant law of the Member States in which the problem arises.

(1) OJ L 298, 28.10.1998.

(2) COM(2000) 660.

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