Registered Community Designs: EC Accession to the Hague Agreement

On 1 Jan 2008, the EC (including the UK notwithstanding our wonderful PM’s prior engagement at the Kirkcaldy Sea Otters’ early morning Hogmanay swim around the Bass Rock or indeed to do just about anything to avoid showing enthusiasm for the EU) accedes to the Hague Agreement. This agreement is a bit like the Madrid Protocol and the Patent Co-operation Treaty in that it facilitates multiple applications for design registration from a single filing.

EC accession to Hague will not be anything like as far-reaching as its accession to Madrid since the only sizable countries outside Europe that are party to the agreement are Egypt, Indonesia, Morocco, Singapore and Turkey, but accession does present a protection option to British design owners that did not previously exist.

Even though HMG is not acceding to Hague in its own right, EC accession necessitates amendments to our law. S.11ZA (1) A) of the Registered Design Act 1949 will change from:

“The registration of a design (“the later design”) may be declared invalid if it is not new or does not have individual character when compared to a design which—
………..

(b) is protected as from a date prior to the relevant date by virtue of registration under this Act or the Community Design Regulation or an application for such registration”

to

“The registration of a design (“the later design”) may be declared invalid if it is not new or does not have individual character when compared to a design which—
………..
(b) is protected as from a date prior to the relevant date—
(i) by virtue of registration under this Act or the Community Design Regulation or an application for such registration, or
(ii) by virtue of an international registration (within the meaning of Articles 106a to 106f of that Regulation) designating the Community.”


with effect from 1 Jan 2008 by virtue of reg 2 of The Designs (International Registrations Designating the European Community) Regulations 2007 (SI 2007 No 2278). There are also slight amendments to the Community Design Regulations 2005 (SI No 2339), namely the insertion of a definition for “international registration” and it will be a defence to a threats action to prove the invalidity of an international registration.

Advertisements

About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
This entry was posted in Copyright Performers' Rights Patents and Registered Designs - Recoprocal Proteciotn, Hague Agreement, registered Community designs. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s