The Protection of Unregistered Designs in EU Law

It is significant that two forms of protection exist because some sectors of industry produce a large number of designs for products which are on the market for a very short time. Protection without registration formalities and fees is an advantage. However, there are sectors of industry which value...

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Main Author: Magdalena Kropiwnicka
Format: Article
Language:English
Published: University of Bialystok, Faculty of Law 2019-06-01
Series:Eastern European Journal of Transnational Relations
Subjects:
Online Access:http://eejtr.uwb.edu.pl/article/view/37
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author Magdalena Kropiwnicka
author_facet Magdalena Kropiwnicka
author_sort Magdalena Kropiwnicka
collection DOAJ
description It is significant that two forms of protection exist because some sectors of industry produce a large number of designs for products which are on the market for a very short time. Protection without registration formalities and fees is an advantage. However, there are sectors of industry which value the advantages of registration. These sectors value the possibility of longer term protection more than the shorter term protection provided by an unregistered Community design. One of the important benefits is that unregistered Community design protection does not require any documents, but the owners have to prove the exclusive right belongs to them. Another significant advantage is that an unregistered Community design can be changed to a registered design during the twelve- month grace period from the disclosure.
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spelling doaj.art-943ff009780644769f2d0dc28ea207a22022-12-22T04:17:44ZengUniversity of Bialystok, Faculty of LawEastern European Journal of Transnational Relations2544-92142544-97372019-06-013110.15290/eejtr.2019.03.01.06The Protection of Unregistered Designs in EU LawMagdalena Kropiwnicka0University of Białystok, PolandIt is significant that two forms of protection exist because some sectors of industry produce a large number of designs for products which are on the market for a very short time. Protection without registration formalities and fees is an advantage. However, there are sectors of industry which value the advantages of registration. These sectors value the possibility of longer term protection more than the shorter term protection provided by an unregistered Community design. One of the important benefits is that unregistered Community design protection does not require any documents, but the owners have to prove the exclusive right belongs to them. Another significant advantage is that an unregistered Community design can be changed to a registered design during the twelve- month grace period from the disclosure.http://eejtr.uwb.edu.pl/article/view/37unregistered Community designshort term productsprotectionindustrial designnoveltyindividual character
spellingShingle Magdalena Kropiwnicka
The Protection of Unregistered Designs in EU Law
Eastern European Journal of Transnational Relations
unregistered Community design
short term products
protection
industrial design
novelty
individual character
title The Protection of Unregistered Designs in EU Law
title_full The Protection of Unregistered Designs in EU Law
title_fullStr The Protection of Unregistered Designs in EU Law
title_full_unstemmed The Protection of Unregistered Designs in EU Law
title_short The Protection of Unregistered Designs in EU Law
title_sort protection of unregistered designs in eu law
topic unregistered Community design
short term products
protection
industrial design
novelty
individual character
url http://eejtr.uwb.edu.pl/article/view/37
work_keys_str_mv AT magdalenakropiwnicka theprotectionofunregistereddesignsineulaw
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