Industrial property: legal protection of designs. Recast

Dear Sir/Madam, thank you for this opportunity to participate in the consultation prior to the submission of your proposal to the co-legislators. You will find our various proposals attached and we remain at your disposal for further analysis. Honourable, CEIPI team

Filed in French · English published by the European Commission

Ladies and gentlemen of the European Commission, we welcome and thank you for your efforts to introduce an EU-wide repair clause in the Design Directive as an important harmonisation step for the European single market. In the context of the current state of play in the Single Market, you will thus contribute to a significant improvement of legal certainty; this is particularly true from the Austrian perspective.

Filed in German · English published by the European Commission

LAPRAM Association des Praticians du droit des Marques et des Modèles is an international French-language association bringing together specialists from Industrial and Intellectual Property. It brings together the three families in the IP world: In-house lawyers, lawyers and industrial property councils, which give it strength, creativity and openness to a world in constant change for the benefit of its members.

Filed in French · English published by the European Commission

The Licensing Executives Society (LES) is a non-profit organisation active in the field of technology and intellectual property licensing, technical know-how and patented inventions to software, copyright and trademarks. Les International (LESI) has more than 10.000 individual members divided into 33 national and regional companies. Les Italy is the Italian group of LESI.

Filed in Italian · English published by the European Commission

Dear Madam, We would like to thank the European Commission and DG GROW for this call for input and this opportunity to give our opinion on the proposals for a Regulation and a Directive on designs. Designs are a fundamental intellectual property right for the LVMH Group Houses and the relevant legal framework is a major topic for the Group.

Filed in French · English published by the European Commission

The Austrian Federal Chamber of Labour (BAK) is the legal representation of interest for about 4 million employees and consumers in Austria. BAK represents its members in all social, educational, economical and consumer policy matters, both at national and at EU level. BAK welcomes in principle the introduction of a Repair Clause in the Design Directive (Art 19/1).

Unifab is the French association for the promotion and protection of intellectual property rights (IPRs). Today, Unifab represents more than 200 French and International companies as well as professional federations and serves as a unique guardian of its members IP rights by presenting itself as a platform for discussion on these topics.

Dear Mr, Yours faithfully, please find attached the observations of the Federation of Vehicle Equipment Industries (FIEV) on the draft Directive on the legal protection of designs published by the Commission on 28 November 2022. This contribution is marked “CONFIDENTIAL” as it is reserved for the Commission services. We remain at your disposal should you require any further information you may require.

Filed in French · English published by the European Commission

The Right to Repair campaign supports the proposed revision of EU rules on industrial design regarding the introduction of a repair clause. The repair clause would harmonise EU rules on aftermarket spare parts, as such rules are currently fragmented across member states.

CLEPA welcomes the European Commissions proposals for a revised Design Directive (COM(2022) 666) and a revised EU Design Regulation (COM(2022) 667) as an important step for competition and consumers. CLEPA understands that the proposed text and the inclusion of Repair Clauses in Art. 19 of the Design Directive and Art.

AMICE, the Association of Mutual Insurers and Insurance Cooperatives in Europe, represents a specific sector of the European insurance industry. Our members are characterised by their central focus on their policyholders, who are generally the owners of their insurers rather than the external shareholders.

Please finish attached a detailed position of French islands regarding the revision of EU legislation on design protection. French islands pay compensations for more than 7.5 million accidents involving material damages per year. Material damages present approximate 60 % of compensation paid out by insulators. Spare shares account for half of the total cost of repairs (i.e. about 30 % of total compensation amount).

Filed in French · English published by the European Commission

Ladies and gentlemen, we would like to thank you for the opportunity to submit an opinion. The GVA has been monitoring design legislation for more than 20 years with a special focus on repair and spare parts. Please find enclosed our opinion on the mandatory introduction of the repair clause in design law across the EU. We would ask for our positions to be taken into account.

Filed in German · English published by the European Commission

We at Scania CV AB oppose to the EU Commission's proposed revision of the Directive on the legal protection of designs and the Regulation on the Community design. Design protection should give the automotive industry the same opportunity to prevent the sale of competing spare parts of lower quality and with lower product safety, just like other companies.

Milan, 31 January 2023 INDICAM is enclosing the document on INDICAM headed paper relating to the Association’s POSITION concerning some of the proposals to amend European legislation on designs and models. Thank you in advance for your attention and remain at your disposal for any comments and/or additions. Best regards, [name removed]

Filed in Italian · English published by the European Commission

ECTA is an association that brings together IPR professionals who practice in the field of trade marks, designs, geographical indications, copyright and related matters. These professionals are lawyers, trade mark and patent attorneys, in-house counsels focusing on IPR matters, and also other specialists in these fields.

A design proposal based on out-of-date assumptions The review of the EUs rules on industrial design was widely welcomed when it was first announced in the Intellectual Property Action Plan. However, now that the proposals have been presented, they seem to be based on old, out-of-date assumptions.

The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property (IP) to foster consumer trust, economic growth, and innovation.

MARQUES is the European Association representing the interest of brand owners in Europe and beyond. MARQUES has been involved in the debate on the reform of the European Union Design legislation since its inception, as ensued after the publication of the Legal Review on Industrial Designs Protection in Europe (the Review] in the year 2016.

SMEunited welcomes the initiative by the European Commission to update EU design protection rules. For SMEunited, the updated rules bring breakthroughs in 3 particular areas: 1. Clarifying that designs developed as part of employment relationships belong to the employer, 2. Outlining administrative invalidity proceedings as a more cost-effective and easier alternative to court procedures and 3.

Belron® is the worlds leading vehicle glass repair, replacement service provider, with a significant footprint in Europe with brands such as Carglass® and Autoglass®. Belron operates in over 25 markets (including Germany, France, Belgium, Netherlands, Luxembourg, Austria, Italy, Spain, Portugal, Switzerland, Sweden, Denmark and Norway) and has over 13,000 employees in the EU.

Under Article 12 of the Proposal, it is suggested that the person in whose name the design right is registered, or prior to registration the person in whose name the application is filed, shall be deemed to be the person entitled to act in any proceedings before the office in the territory of which protection is claimed as well as in any other proceedings.

The Compagnie nationale des conseil en propriété industrielle (CNCPI) is the body established by law and codified in the Intellectual Property Code, representing the regulated liberal profession, bringing together all French industrial property lawyers, with the representation and support of companies in the protection, defence and exploitation of their intellectual property rights (trade marks, patents, designs and…

Filed in French · English published by the European Commission

AEMA Groupe was born in January 2021 from the ambition shared by MACIF and AÉSIO Mutuelle to create the first mutual protection group in France. Joined in September 2021 by Abeille Assurances, AEMA Group, the 5th largest insurance group in France, is present in all insurance businesses. It covers the protection needs of 11 million people and meets the insurance and service needs of 1 in 6 French people.

The publication of the European Commissions proposals for a revised Design Directive (COM(2022) 666) and a revised EU Design Regulation (COM(2022) 667) is an important step for competition and consumers. The proposed Design Directive includes an EU-wide Repair Clause for must match visible spare parts (Art.

The IP Federation represents the views of UK industry in intellectual property rights (IPR) policy and practice matters within the UK, Europe and internationally. A list of members is at: https://www.ipfederation.com/member-list/ The IP Federation welcomes the opportunity to provide feedback to the European Commissions proposal for a directive (the Proposal) on the legal protection of designs (recast).

The Asociación para la Defensa de la Marca (ANDEMA) is the association that defends companies’ trade mark rights in Spain. This work has been carried out by raising public awareness of the positive impact of brands and the harm caused by the consumption of counterfeits, as well as working together with the main institutions and associations, not only at national but also at European and international level.

Filed in Spanish · English published by the European Commission

SISA - Czech national association of distributors of spare parts for motor vehicles. Our association SISA welcomes the introduction of an EU-wide Repair Clause in the Design Directive (Art. 19(1)), which is indeed the right choice from a legal and economic perspective. The Czech Republic is one of the countries where the repair clause does not apply and does not work.

Because of the very tight timeframe given, Our observations are limited to what our committee considered the most urgent and important issues to be dealt with. On the one hand, under the present interpretation of the Regulation (and therefore of the Directive), the Design law in the EU is unsatisfactory.

Please find the feedback of the Federal Bar Association attached. It is a joint feedback on the Directive (p. 3-6) and the Regulation (p. 6) with a common intro (p. 2-3) and common conclusions (p. 7). We want to upload this document as well as a feedback for Regulation. Please do not hesitate to get back to us if you have any questions. Many thanks.

Filed in German · English published by the European Commission

The Association of Automotive Parts Distributors and Producers (SDCM) welcomed the proposal of the European Commission on the revision of the Design Directive (COM(2022) 667) and the EU Design Regulation (COM(2022) 666) announced on 28 November 2022. One of the main points is the introduction of an EU-wide Repair Clause in the Directive and the confirmation of a permanent Repair Clause in the Regulation.

Las asociaciones de talleres españolas CETRAA (Confederación Española de Talleres de Reparación de Vehículos y Afines) y CONEPA (Federación Española de Empresarios de Talleres de Automoción) celebran la inclusión de la Cláusula de Reparación en el artículo 20 bis del proyecto de Reglamento por el que se modifica el Reglamento (CE) n.º 6/2002 del Consejo, sobre los dibujos y modelos comunitarios, y se deroga el…

On 28 November 2022, the European Commission proposed a revision of the Design Directive (COM(2022) 667) and the EU Design Regulation (COM(2022) 666). One of the main points is the introduction of an EU-wide Repair Clause in the Directive and the confirmation of a permanent Repair Clause in the Regulation.

The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property (IP) to foster consumer trust, economic growth, and innovation.

The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property (IP) to foster consumer trust, economic growth, and innovation.

ECTA is the association bringing together IPR professionals who practice in the field of trade marks, designs, geographical indications, copyright and related matters. These professionals are lawyers, trade mark and patent attorneys, in-house counsels focusing on IPR matters, and also other specialists in these fields, from all EU Member States and more than 50 countries globally outside of the EU.

ECTA is the association bringing together IPR professionals who practice in the field of trade marks, designs, geographical indications, copyright and related matters. These professionals are lawyers, trade mark and patent attorneys, in-house counsels focusing on IPR matters, and also other specialists in these fields, from all EU Member States and more than 50 countries globally outside of the EU.

The Confederation of Swedish Enterprise (Svenskt Näringsliv) welcomes the Commission’s IP Action Plan Roadmap. It is an important initiative, as a strong IP framework is key to sustainable innovation. The Confederation of Swedish Enterprise is Sweden’s largest and most influential business federation representing 60 000 member companies. Among the member companies many are Small and Medium-Sized Enterprises (SMEs).

The IP Federation welcomes the opportunity to respond to the European Commission’s Inception Impact Assessment relating to Review of the Design Directive (“the Directive”) and Community Design Regulation (“the Regula¬tion”), which remains open until 12 January 2021.

MARQUES is the European Association representing brand owners' interests. MARQUES (public ID number in the Transparency Register: 97131823590-44) is one of the current three signatories of the submitted joint contribution on the Commission’s Inception Impact Assessment on the Review of the Design Directive (the Directive) and Community Design Regulation (the Regulation), together with ECTA and INTA.

MARQUES is the European Association representing brand owners' interests. MARQUES (public ID number in the Transparency Register: 97131823590-44) is one of the current three signatories of the submitted joint contribution on the Commission’s Inception Impact Assessment on the Review of the Design Directive (the Directive) and Community Design Regulation (the Regulation), together with ECTA and INTA.

COMMENTS OF THE FRENCH INSURANCE FEDERATION (FFA) The French Insurance Federation (FFA) welcomes the Commission’s review of the Design directive and Community Design Directive. The objective set in the impact assessment to fully liberalise the aftermarket of spare parts, particularly in the automobile sector, constitutes the right answer to the developments observed by French insurers.

Toy Industries of Europe (TIE), the voice of the reputable toy sector in Europe, wishes to thank the European Commission for the opportunity to provide feedback on the roadmap for the “Review of EU rules on industrial design”. The toy sector invests extensive resources in the development of new toys that are up to children’s expectations and ensure a safe play experience.

As a major mutual insurance society, leader in mobility (first mobility insurer in France with more than 6 million vehicles including more than 800,000 motorcycle insured), MACIF fully supports the review as envisaged by the European Commission of both Directive 98/71/EC on the legal protection of designs and Council Regulation (EC) No 6/2002 on Community designs.

UNIFAB - Union des Fabricants is very thankful for the opportunity given by the European commission to share its views and inputs regarding the upcoming review of the design directive and community design regulation. The design legislation reform is eagerly awaited for a large part of the French and European industries.

The Allverband Autoteile-Handel e.V. (GVA) is the trade association and the political representative of the free wholesale of motor vehicle parts in Germany. He also spoke in favour of the around 2.000 retailers of spare parts for motor vehicles. The GVA currently organises 133 commercial companies with more than 1.000 operating points, as well as 123 car component manufacturers and technical information providers.

Filed in German · English published by the European Commission

Cicra/EAPA, the association which brings together independent Italian and Spanish manufacturers of bodywork spare parts, as a member of ECAR (i.e. the European Campaign for free competition in the market for spare parts and repair of cars), in relation to the subject of the revision of the Designs Directive and the Community Design Regulation, adheres to the view expressed by Figiefa in its position paper, the…

Filed in Italian · English published by the European Commission

The National Industrial Property Council (CNCPI) is the body set up by French law and codified in the Intellectual Property Code, representing the regulated liberal profession comprising all French industrial property agents, representing and assisting companies in the protection, defence and exploitation of their intellectual property rights (trade marks, patents, designs and models, software, personal data, new…

Filed in French · English published by the European Commission

The National Industrial Property Council (CNCPI) is the body set up by French law and codified in the Intellectual Property Code, representing the regulated liberal profession comprising all French industrial property agents, representing and assisting companies in the protection, defence and exploitation of their intellectual property rights (trade marks, patents, designs and models, software, personal data, new…

Filed in French · English published by the European Commission

The Right to Repair campaign Europe represents repair actors and activists including community repair groups, social economy actors, self-repairers and any citizen who would like to advocate for their right to repair.

The European automobile industry is concerned about the Commission's suggestion to abolish design rights for automotive spare parts. We believe this would: - Deprive an innovative industry of fair returns on investment Vehicle manufacturers design, develop, engineer and test vehicles and parts.

AIM, the European Brands Association, thanks the Commission for this consultation. We agree that the design system works well overall, but we also agree that it needs to be updated, including consideration of 3D printing issues, and would very much support control of goods in transit by customs in the EU based on designs.

BUSINESSEUROPE COMMENTS TO THE INCEPTION IMPACT ASSESSMENT ON THE REVIEW OF THE EU DESIGN PROTECTION LEGISLATION BUSINESSEUROPE is the leading advocate for growth and competitiveness at European level, standing up for companies across the continent and actively campaigning on the issues that most influence their performance.

Established in 1993, ECAR is the European Campaign for the Freedom of the Automotive Parts and Repair Market, an alliance of independent EU organisations representing the many thousands of vehicle parts producers and distributors, a large cross-section of SMEs, as well as the interests of the over three hundred million motoring consumers in the European Union.