|Welcome to Designpublisher
|For a long time it was not possible for designers
to protect their product designs against copying throughout the EU
without investing a great deal of time and money. Almost unnoticed
by the public this situation has now been remedied by the European
As of 1 April 2003 it is possible to register a Community design at
the Office for Harmonization in Alicante/Spain which provides EU-wide
protection for the appearance of a new product.
The unregistered Community design,
which has already been in existence since 6 March 2002, is completely
new, as this has been used in only a few members states to date. This
is created by a simple disclosure of the design.
But how "disclosure” is to be interpreted according to
Section 7 of the Council Regulation ((EC) No. 6/2002 of 12 December
2001 on Community designs) is still unclear. Does a single inconspicuous
publication at a regional fair in a small member state suffice to
claim protection for the whole EU? Does the design have to be exhibited
at an international fair? Does actual use in ordinary trade suffice?
And from what time on can protection be sought? How is proof to be
furnished when the design was first disclosed?
All these uncertainties have arisen because the Community design is
still very young and no case law yet exists. So what could be more
convenient than using the Internet? It guarantees that the appearance
of a product is published on a specific date of which proof can be
provided. Designpublisher has set itself the goal of presenting new
designs on the Internet cheaply, effectively and well-organized and
thus of satisfying the "disclosure" requirement.