Since the adoption of the Community Designs Regulation on December 12, 2001, Unregistered Community Designs can be
With this database Textination offers you the chance to publish your designs and thus give them low-priced EU-wide protection from copies for three years. Obtaining Unregistered Design protection does not involve any formalities.
The European Community Design Regulation provides for two types of design protection:
It provides automatic, but limited, short-term protection (for 3 years from first publication in the EU) under the so-called Unregistered Community Design. In addition, it provides for long-term protection by means of the Registered Community Design. By obtaining such a registration the design may be protected for up to 25 years.
The Textination database focuses exclusively on Unregistered Community Designs.
Based on this regulation the appearance of the whole or a part of a product resulting from, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation is protected. A "product" is defined as meaning any industrial or handicraft item, including parts of a more complex product, packaging, get-up, graphic symbols and typographic typefaces.
To be protected by Registered or Unregistered Design Right, a design must be:
- "novel" and have
- "individual character".
For a design to be novel, its features must differ by more than "immaterial details" from known designs. To have individual character, the design must produce an overall impression on the informed user which is different from the overall impression made by known designs. The definition of a "known design" excludes designs that would not normally be known in the relevant business sector in the EU.
30,- EUR per entry + VAT: 1st - 50th design
20,- EUR per entry + VAT: 51st - 100th design
10,- EUR per entry + VAT: 101st et sqq. designs.
Extra charge: + 50 % if the data handling should be done by Textination instead of the design owner.
Unregistered Designs are only protected against copying.
Provided the design is novel and has individual character, it is automatically protected for 3 years from publication of the design - and thatís what the Textination database was made for.