More on the unregistered Community design:
The Community design protects the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

A Community design is eligible for protection if it is new and has individual character.

New means that it may not have been accessible before its application for registration / disclosure to the public.

Individual character means that the overall impression of a Community design gained by an informed user differs to the overall impression gained of a different design.

The unregistered Community design is created (if it is new and has an individual character) upon disclosure. The registered Community design upon registration.

The unregistered Community design is protected for three years from the date of disclosure. The registered Community design is protected for five years from the date of filing an application for registration and can be extended for a maximum of 25 years.

An application for registration of an unregistered Community design is possible within 12 months after disclosure.

Apart from the period of protection, the biggest difference between the registered and unregistered Community design is as follows:

The registered Community design has a blocking effect: it grants its owner the exclusive right to use the design and prevent third parties from using it.

The unregistered Community design only grants the owner a right of prohibition if it really concerns a copy and is not a simultaneous invention of a third party.

N.B.: Neither the registered nor the unregistered Community design are examined. Whether a design is therefore a novelty and has individual character is not usually determined until during the infringement suit.

Link to the Regulation (EU)