Source: EURLEX
Language: en
Format: md

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 6/2002 on European Union designs

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs
[1](#footnote3)
, and in particular Article 28a, Article 36a, Article 37a, Article 42a, Article 44a, Article 49a, Article 50c, Article 50f, Article 50h, Article 51a, Article 70a, Article 73a, Article 75a, Article 98a, and Article 105a thereof,

Whereas:

(1)Regulation (EC) No 6/2002 created a system specific to the Union for the protection of designs to be obtained at the level of the Union on the basis of an application to the European Union Intellectual Property Office (‘the Office’).

(2)Regulation (EU) 2024/2822 of the European Parliament and of the Council
[2](#footnote4)
 aligned the powers conferred upon the Commission under Regulation (EC) No 6/2002 with Articles 290 and 291 of the Treaty on the Functioning of the European Union. In order to conform with the new legal framework resulting from that alignment, certain rules are to be adopted by means of implementing and delegated acts. Those new rules should replace the current rules laid down in Commission Regulation (EC) No 2245/2002
[3](#footnote5)
.

(3)In the interest of legal certainty, consistency and simplification, the rules to be adopted by means of this Regulation should be aligned to the extent possible with the rules applicable to EU trade marks as laid down in Commission Implementing Regulation (EU) 2018/626
[4](#footnote6)
.

(4)For reasons of clarity, legal certainty and efficiency, and with a view to facilitating the filing of EU design applications, it is of essential importance to specify, in a clear and exhaustive manner while avoiding unnecessary administrative burden, the mandatory and optional particulars to be contained in an application for a registered EU design, including in a multiple application.

(5)Regulation (EU) 2024/2822 broadens the definitions of a design and product to entail new designs which are not embodied in physical products. Taking into account technical advances in relation to the visualisation of designs and the needs of Union industry in relation to new digital designs, it is necessary to allow for dynamic and animated representation of designs by any appropriate means using generally available technology.

(6)It is appropriate to streamline proceedings to reduce administrative burden in the filing and processing of priority claims. To this end, the documentation to be filed for claiming the priority of a previous application should consist of a copy of the previous application.

(7)In order to ensure the publication of all the information concerning a registration of an EU design, which is required for reasons of transparency and legal certainty, and following the broadening of the technical means for visual representation of a design, including dynamic or animated representations, it should be permissible for the Office to publish the registration of an EU design by making the representation of the design accessible electronically.

(8)For the same reasons, it should also be permissible for the Office to issue certificates of registration in which the representation of the design is provided by electronic access to the relevant file.

(9)Regulation (EU) 2024/2822 allows for requests for alteration of the representation of an EU design registration in immaterial details replacing the possibility to partially surrender and to partially invalidate. In the interest of clarity and legal certainty, it is important to specify the requirements for a request for alteration of the representation of an EU design registration in a clear and exhaustive manner.

(10)Maximum rates for representation costs incurred by the successful party to proceedings before the Office should be specified, taking into account the need to ensure that the obligation to bear the costs may not be misused, inter alia, for tactical reasons by the other party.

(11)For reasons of efficiency, periodical publications by the Office should be allowed in any electronic form supported by the Office, including in the form of a searchable database.

(12)It is necessary to ensure an effective and efficient exchange of information between the Office and the authorities of the Member States in the context of administrative cooperation, taking appropriate account of the restrictions to which the inspection of files is subject.

(13)In order to streamline proceedings before the Office, it should be possible to limit the submission of translations to those parts of documents that are relevant to the proceedings. For the same purpose, the Office should be authorised to require proof that a translation corresponds to the original only in the event of doubt.

(14)For reasons of efficiency and given their non-complex nature and the fact that they do not touch upon the merits of the case, decisions of the Office on the apportionment and fixing of costs as well as on admissibility and certain other procedural questions in relation to applications for a declaration of invalidity of an EU design should be taken by a single member.

(15)The detailed rules laid down in this Regulation relate to provisions of Regulation (EC) No 6/2002 that have been amended by Regulation (EU) 2024/2822 with effect from 1 July 2026. It is therefore necessary that this Regulation becomes applicable on the same date. At the same time, certain proceedings initiated before that date should continue to be governed until their conclusion by specific provisions of Regulation (EC) No 2245/2002.

(16)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Implementation Rules,

HAS ADOPTED THIS REGULATION:

Article 1

Content of the application

1.In addition to the requirements in Article 36(1), (2) and (3), and Article 40 of Regulation (EC) No 6/2002, the application for a registered EU design shall contain:

(a)the name and address of the applicant;

(b)the nationality of the applicant;

(c)where the applicant has appointed a representative, the name and either the business address of that representative or the identification number already been given by the Office;

(d)specification of the language in which the application has been filed, and of the second language pursuant to Article 98(2) of Regulation (EC) No 6/2002;

(e)the signature of the applicant or the applicant’s representative in accordance with Article 17 of Commission Delegated Regulation XXX
[5](#footnote7)
.

2.The name and address referred to in paragraph 1, point (a), shall contain the name and the address at which the applicant is domiciled or has a seat or an establishment. Names of natural persons shall be indicated by the person’s family name(s) and given name(s). Names of legal entities, as well as bodies falling under Article 2a of Regulation (EC) No 6/2002 shall be indicated by their official designation and include the legal form of the entity, which may be abbreviated in a customary manner. The company’s national identification number may also be specified if available. The Office may require the applicant to provide telephone numbers or other contact details for communication by electronic means as defined by the Executive Director. 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. Where an identification number has already been given by the Office, it shall be sufficient for the applicant to indicate that number and the name of the applicant.

3.Where the representative referred to in paragraph 1, point (c), has more than one business address or where there are two or more representatives with different business addresses, only the first-mentioned address shall be taken into account as an address for service unless the application indicates which address is to be used as an address for service.

4.The single description referred to in Article 36(3), point (a), of Regulation (EC) No 6/2002 shall not exceed 100 words explaining the representation of the design. The description shall relate only to those features which appear in the representation of the design. It shall not contain statements as to the purported novelty or individual character of the design or its technical value.

5.Article 36(1), point (c), Article 36(2), Article (36)(3), points (a), (b), (d) and (e), Article 42(1), and Article 44(2) of Regulation (EC) No 6/2002 shall apply mutatis mutandis to each design contained in a multiple application.

Article 2

Representation of the design

1.The design shall be represented visually, either in black and white or in colour. The representation can be static, dynamic or animated and shall be effected by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling.

2.The representation shall show in a consistent way all the features of the design for which protection is sought.

3.The design shall be represented alone to the exclusion of any other matter. However, the representation of the design may include matter for which no protection is sought, provided that they are identified by visual disclaimers, as determined by the Executive Director in accordance with Article 36(5) of Regulation (EC) No 6/2002. Visual disclaimers shall be applied consistently across all views.

Article 3

Claiming priority

1.The documentation to be filed in support of the priority claim pursuant to Article 42(1) of Regulation (EC) No 6/2002 shall consist of a copy of the previous application. In accordance with Article 4D(3) of the Paris Convention for the Protection of Industrial Property, signed in Paris (France) on 20 March 1883, that copy shall emanate from the authority that received it and contain the same information as the original application including the representation of the design, in colour where applicable. It shall state or be accompanied by a statement containing the file number and the filing date of the previous application.

2.Where the language of the previous application for which priority is claimed is not one of the languages of the Office, the applicant shall provide, if required by the Office, a translation of the previous application into the language of the Office used as the first or second language of the application for a registered EU design, within a period specified by the Office.

Article 4

Exhibition priority

1.Where exhibition priority is claimed pursuant to Article 44 of Regulation (EC) No 6/2002, the applicant shall make a declaration to that effect, stating the name of the exhibition and the date of first disclosure of the products in which the design is incorporated or to which it is applied.

2.The documentation to be filed in support of the exhibition priority claim pursuant to Article 44(2) of Regulation (EC) No 6/2002 shall consist of a certificate issued at the exhibition by the authority responsible for the protection of industrial property at the exhibition. That certificate shall attest that the design incorporated in or applied to the product was disclosed at the exhibition. It shall also state the opening date of the exhibition and the date of first disclosure of the product if different from the opening date of the exhibition. The certificate shall include or make clear reference to a representation of the design as disclosed in the exhibition.

Article 5

Content of the publication of a registration

1.The publication of the registration in accordance with Article 49 of Regulation (EC) No 6/2002 shall contain the following information:

(a)the name, city and country of the holder of the registered EU design;

(b)where applicable, the name and business address of the representative appointed by the holder other than a representative falling within the first sentence of Article 77(3) of Regulation (EC) No 6/2002; 

(c)the representation of the design pursuant to Article 2; where the representation of the design is in colour, the publication shall be in colour. The representation of the design may be published by making the representation accessible electronically; 

(d)where applicable, an indication that a description has been filed pursuant to Article 36(3), point (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 names of the designers forming part of a team; or a statement that the designer(s) waived the right to be cited;

(g)the date of filing and registration pursuant to Article 48(3) of Regulation (EC) No 6/2002 and the file number and, in the case of a multiple application, the file number of each individual 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 of registration of the design in the Register of EU designs referred to in Article 72 (‘the Register’) and the registration number pursuant to Article 48(1) Regulation (EC) No 6/2002, and the date of the publication of the registration;

(k)an indication of the language in which the application was filed and of the second language indicated by the applicant pursuant to Article 98(2) of Regulation (EC) No 6/2002;

(l)where applicable, an indication of the deferment of the publication pursuant to Article 50 of Regulation (EC) No 6/2002, specifying the date of expiry of the period of deferment.

2.Where there is more than one representative with the same business address referred to in paragraph 1, point (b), only the name and business address of the first-named representative shall be published, and it shall be followed by the words ‘and others’. Where there are two or more representatives with different business addresses, only the address for service determined pursuant to Article 1(3) of this Regulation shall be published. Where an association of representatives is appointed in accordance with Article 74(8) of Commission Delegated Regulation 2018/625
[6](#footnote8)
 in conjunction with Article 26 of Delegated Regulation (EU) XXX, only the name and business address of the association shall be published.

3.If the application contains a request for deferment of publication pursuant to Article 50 of Regulation (EC) No 6/2002, the content of the publication of the registration shall be limited to the indication and information established in paragraph 3 of that Article.

Article 6

Certificate of registration

1.The certificate of registration issued in accordance with Article 50b of Regulation (EC) No 6/2002 shall contain the entries in the Register listed in Article 72(2) of Regulation (EC) No 6/2002 and a statement to the effect that those entries have been recorded in the Register. The certificate of registration may incorporate the representation of the design by providing electronic access to the relevant file.

2.The certificate of registration shall be complemented, where applicable, by an extract showing all entries to be recorded in the Register in accordance with Article 72(3) Regulation (EC) No 6/2002 and a statement to the effect that those entries have been recorded in the Register.

Article 7

Content of the request for alteration

A request for alteration of the representation of an EU design registration in immaterial details pursuant to Article 50e of Regulation (EC) No 6/2002 shall contain:

(a)the registration number of the registered EU design;

(b)the name and the address of the holder of the registered EU design in accordance with Article 1(1), point (a), and Article 1(2) of this Regulation;

(c)a representation of the design as altered, in accordance with Article 2 of this Regulation, together with an indication of the features altered and the view or views altered or withdrawn.

Article 8

Content of a request for the change of name or address

1.A request for a change of name or address of the holder of a registered EU design pursuant to Article 50g of Regulation (EC) No 6/2002 shall contain:

(a)the registration number of the registered EU design;

(b)the name and the address of the holder of the registered EU design as recorded in the Register, unless an identification number has already been given by the Office to the holder, in which case it shall be sufficient to indicate that number and the holder’s name;

(c)the indication of the new name and address of the holder of the registered EU design, in accordance with Article 1(1), point (a), and Article 1(2) of this Regulation.

2.Paragraph 1, points (b) and (c), shall apply mutatis mutandis for the purposes of a request for the change of the name or address of the applicant for an EU design. Such request shall also contain the application number of the EU design.

3.Paragraphs 1 and 2 shall apply mutatis mutandis to a change of the name or address of the registered representative.

Article 9

Application for the registration of a transfer

1.An application for registration of a transfer under Article 28 of Regulation (EC) No 6/2002 shall contain:

(a)the registration number of the registered EU design;

(b)particulars of the new holder in accordance with Article 1(1), point (a), and Article 1(2) of this Regulation;

(c)where not all of the designs covered by a multiple registration are included in the transfer, particulars of the registered designs to which the transfer relates;

(d)evidence duly establishing the transfer in accordance with Article 28(1) of Regulation (EC) No 6/2002;

(e)where applicable, the name and business address of the representative of the new holder, in accordance with Article 1(1), point (c), and Article 1(3) of this Regulation.

2.Paragraph 1, points (b) to (e), shall apply mutatis mutandis for the purposes of a request for the recording of a transfer of an EU design application. Such request shall also contain the application number of the EU design. The transfer shall be recorded in the files kept by the Office concerning the EU design application.

3.For the purposes of paragraph 1, point (d), any of the following shall constitute sufficient evidence of transfer:

(a)the application for registration of the transfer signed by the registered holder and by the successor in title;

(b)where the application for registration of the transfer is submitted by the registered holder, a declaration signed by the successor in title agreeing to the registration of the transfer;

(c)where the application for registration of the transfer is submitted by the successor in title, a declaration, signed by the registered holder, that the registered holder agrees to the registration of the successor in title;

(d)a completed transfer form or document, as laid down in Article 16 of Delegated Regulation XXX, signed by the registered holder and by the successor in title.

An application for registration of a transfer may be signed by the authorised representatives of the parties, who may be the same representative for both parties.

Article 10

Surrender

1.A declaration of surrender pursuant to Article 51(1) of Regulation (EC) No 6/2002 shall contain:

(a)the registration number of the registered EU design;

(b)the name and address of the holder in accordance with Article 1(1), point (a), and Article 1(2) of this Regulation;

(c)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.

2.Where a right of a third party relating to the registered EU design is entered in the Register, a declaration of consent to the surrender, signed by the holder of that right or the representative of that holder, shall be sufficient proof of the third party’s agreement to the surrender.

3.Where proceedings relating to the entitlement to a registered EU design have been instituted before the competent court or authority pursuant to Article 15 of Regulation (EC) No 6/2002, a declaration of consent to the surrender, signed by the claimant or the representative of that claimant, shall be sufficient proof of the claimant’s agreement to the surrender.

Article 11

Maximum rates for costs

1.Costs referred to in Article 70(1) of Regulation (EC) No 6/2002 shall be borne by the losing party on the basis of the following maximum rates:

(a)where the successful party is not represented by a representative referred to in Article 78(1) of Regulation (EC) No 6/2002, the travel and subsistence costs of that party for one person for the outward and return journey between the place of residence or the place of business and the place where oral proceedings are held pursuant to Article 49 of Delegated Regulation (EU) 2018/625 in conjunction with Article 26 of Delegated Regulation (EU) XXX, as follows:

(i)the cost of the first-class rail fare including usual transport supplements where the total distance by rail does not exceed 800 km or the cost of the economy-class airfare where the total distance by rail exceeds 800 km or the route includes a sea crossing;

(ii)subsistence costs as laid down in Article 13 of Annex VII to the Staff Regulations of Officials of the Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68
[7](#footnote9)
;

(b)travel costs of representatives referred to in Article 78(1) of Regulation (EC) No 6/2002, at the rates provided for in point (a)(i) of this paragraph;

(c)costs of representation, within the meaning of Article 78(1) of Regulation (EC) No 6/2002 incurred by the successful party, as follows:

(i)in proceedings relating to the invalidity of a registered EU design: EUR 450;

(ii)in appeal proceedings: EUR 550;

(iii)where oral proceedings have taken place to which the parties have been summoned pursuant to Article 49 of Delegated Regulation (EU) 2018/625 in conjunction with Article 12 of Delegated Regulation (EU) XXX, the amount referred to in points (i) or (ii) of this point increased by EUR 400;

2.Where there are several holders of the EU design registration or where there are several applicants for a declaration of invalidity that have filed the application for a declaration of invalidity jointly, the losing party shall bear the costs referred to in paragraph 1, point (a), for one such person only.

3.Where the successful party is represented by more than one representative within the meaning of Article 78(1) of Regulation (EC) No 6/2002, the losing party shall bear the costs referred to in paragraph 1, points (b) and (c), of this Article for one such person only.

4.The losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees other than those referred to in paragraphs 1, 2 and 3.

Article 12

Periodical publications

1.Where particulars are published in the European Union Designs Bulletin in accordance with Regulation (EC) No 6/2002, Delegated Regulation XXX or this Regulation, the date of publication in the Bulletin shall be taken as the date of publication of the particulars.

2.All particulars may refer or link to data already contained in the database referred to in Article 72a of the Regulation (EC) No 6/2002 or in the Register.

3.The European Union Designs Bulletin shall be published in all the official languages of the Union, where appropriate.

4.The Official Journal of the Office may be made publicly available in any electronic form supported by the Office, including in the form of a searchable database.

Article 13

Exchange of information and communications

1.Without prejudice to Article 152 of Regulation (EU) 2017/1001, the Office and the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, shall, upon request, communicate to each other relevant information about the filing of applications for registered EU designs or national designs and about proceedings relating to such applications and the designs registered as a result thereof.

2.The Office and the courts or authorities of the Member States shall exchange information for the purposes of Regulation (EC) No 6/2002 directly or through the central industrial property offices of the Member States.

3.The information referred to under paragraphs 1 and 2 shall be, where possible, exchanged by electronic means.

4.Expenditure in respect of communications under paragraphs 1 and 2 shall be chargeable to the authority making the communications. Such communications shall be exempt from fees.

Article 14

Opening of files for inspection

1.Inspection of files relating to EU design applications or registered EU designs by courts or authorities of the Member States shall be done where possible by electronic means.

2.The Office shall, at the time of transmission of files relating to EU design applications or registered EU designs, to the courts or public prosecutors' offices of the Member States, indicate the restrictions to which the inspection of those files is subject to under Article 74 of Regulation (EC) No 6/2002.

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

Article 15

Filing of supporting documents in written proceedings

Unless otherwise provided for in Regulation (EC) No 6/2002, in Delegated Regulation XXX or in this Regulation, Article 24 of Implementing Regulation 2018/626 shall apply mutatis mutandis to the extent to which supporting documents to be used in written proceedings before the Office may be filed in any official language of the Union, and to the need to supply a translation under Article 98(6) of Regulation (EC) No 6/2002.

Article 16

Standards of translations

1.Where a translation of a document is to be filed with the Office, the translation shall identify the document to which it refers and replicate the structure and contents of the original document. Where a party has indicated that only parts of the document are relevant, the translation may be limited to those parts.

2.Unless otherwise provided for in Regulation (EC) No 6/2002, in Delegated Regulation XXX or in this Regulation, a document for which a translation is to be filed shall be deemed not to have been received by the Office in the following cases:

(a)where the translation is not received by the Office within the relevant period for submitting the original document or the translation;

(b)where the statement referred to in Article 17 of this Regulation is not filed within a period specified by the Office.

Article 17

Legal authenticity of translations

In the absence of evidence or indications to the contrary, the Office shall assume that a translation corresponds to the relevant original text. In the event of doubt, the Office may require the filing, within a specific period, of a statement complying with Article 65(1), point (f), of Regulation (EC) No 6/2002, that the translation corresponds to the original text.

Article 18

Decisions of an Invalidity Division taken by a single member

Pursuant to Article 105a of Regulation (EC) No 6/2002, a single member of an Invalidity Division shall take the following types of decisions:

(a)decisions on the apportionment of costs referred to in Article 70(1) to (4) of Regulation (EC) No 6/2002;

(b)decisions to fix the amount of the costs to be paid pursuant to Article 70(6), first sentence, of Regulation (EC) No 6/2002;

(c)decisions to discontinue the proceedings or decisions confirming that there is no need to proceed to a decision on merits;

(d)decisions on the admissibility of the invalidity application pursuant to Article 7(1) of Delegated Regulation XXX;

(e)decisions to stay proceedings pursuant to Article 91(2) of Regulation (EC) No 6/2002;

(f)decisions to join or separate multiple invalidity proceedings pursuant to Article 9 of Delegated Regulation XXX.

Article 19

Transitional provisions

1.Notwithstanding Article 27 of Delegated Regulation XXX, Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to ongoing proceedings where this Regulation does not apply pursuant to paragraphs 2, 3 and 4 of this Article, until such proceedings are concluded.

2.Articles 11 and 11a of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to applications for a registered EU design filed before 1 July 2026, as well as to international registrations for which the designation of the Union was made before that date.

3.Article 79(7) of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to costs incurred in proceedings initiated before 1 July 2026.

4.Article 81(2) of Regulation (EC) No 2245/2002 as applicable on 30 June shall continue to apply to supporting documents or translations filed before 1 July 2026.

Article 20

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

5.It shall apply from 1 July 2026.

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

Done at Brussels,

For the Commission

   The President
  
   Ursula VON DER LEYEN

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