The European Union (EU) plays an important role in the industrial design registration, bringing many benefits to designers and businesses. The automotive and transport industry in the EU is one of the largest and most important. Industrial design plays an important role in creating unique, attractive models and expressing brand identity. Fashion design, including clothing, shoes, bags, and accessories, is one of the most vibrant and high-value sectors in the EU’s creative industry. Style protection helps fashion designers protect unique ideas and against counterfeits, counterfeits. In addition to the above areas, the European Union is also focusing on design protection in emerging fields such as 3D printing technology, artificial intelligence and virtual reality. The protection of industrial designs not only brings economic benefits to businesses and designers, but also contributes to promoting the development of the creative economy and improving the quality of life of the people. Viet An Law would like to provide you with a preliminary guide on how to register an industrial design in the European Union through the article below.
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Registering a national design in the European Union (EU) is an option to protect one’s industrial design in one or more specific member states in the EU.
The national design registration dossier in the European Union will vary depending on the country the applicant wants to register. However, in general, the dossier for national design registration in the EU usually includes the following documents:
Application Form:
Style Description:
Pictures or design drawings:
Fee payment documents: Invoices or receipts for payment of design registration fees in accordance with the regulations of that country.
Other documents (if any):
Note:
The Registered Community Design (RCD) is an effective way to protect industrial designs across all 27 member states of the European Union (EU) with a single application.
Application Form:
Pictures or drawings of the design:
Style description (if needed):
Fee payment documents: Invoices or receipts for payment of RCD registration fees in accordance with EUIPO regulations.
Other documents (if any):
To apply for a community design application in the European Union, you can file using the following filing methods:
https://eud.euipo.europa.eu/design-easy-filing/
The basic fee for applying for a Community Design (RCD) is €350. This fee includes a style in a Locarno group. There are additional fees depending on the case of the applicant:
Advantage | Shortcoming |
Uniform protection across all 27 EU member states. | If the application is rejected in one country, it will be rejected throughout the EU. |
The procedure is simple, just submit a single application at the EUIPO. | Individual licenses cannot be transferred or licensed to each country. |
The cost is lower than registering a design in each country. | Less flexibility in the selection of coverage. |
Save time and effort compared to filing in multiple countries. |
Advantage | Shortcoming |
Flexibility in choosing a country of protection. | The cost is higher due to the application and fees for each country. |
Transferable or licensed individually for each country. | The procedure is more complicated, it is necessary to learn and comply with the regulations of each country. |
If the application is rejected in one country, it does not affect the protection in other countries. | It takes more time and effort than registering for an RCD. |
Comparison Criteria | Community Design Registration (RCD) | National Design Registration |
Scope of protection | All 27 EU member states | One or more EU member states selected by the applicant |
Number of applications | 1 single order | 1 application per country |
Receiving agency | European Union Intellectual Property Office (EUIPO) | Intellectual Property Offices of Each Country |
Language of application | English, French or German | The official language of the country |
Cost | Lower | Higher |
Procedure | Simpler | More complicated |
Processing time | Faster | May be longer |
Transferability/Licensing | Non-transferable/licensed individually for each country | Transferable/licensed individually for each country |
Flexibility | Lower | Higher |
Risk | If the application is rejected in one country, it will be rejected across the EU | If the application is rejected in one country, it does not affect the protection in other countries |
Valid in the UK | No longer valid from January 1, 2021 due to Brexit | Still in force |
Suitable for | Businesses that want EU-wide design protection and want to save costs and time | Businesses only want protection in a few specific countries or need flexibility in transfer/licensing |
If you wish to file an application for registration of an industrial design, please contact Viet An Law for the most effective support.
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