The registration of designs within the European Union is governed by Council Regulation (EC) No 6/2002 on Community Designs, offering a unitary and effective protection regime across all EU Member States through the European Union Intellectual Property Office (EUIPO). A Registered Community Design (RCD) confers upon its holder an exclusive right to use the visual appearance of a product or its ornamentation, provided it meets the criteria of novelty and individual character.
The application procedure is conducted electronically before the EUIPO and requires the submission of clear visual representations of the design, along with an indication of the product it is applied to, classified according to the Locarno Classification. Applicants may request deferment of publication for up to 30 months in order to preserve confidentiality during the early stages of commercialization.
Once registered, the RCD grants exclusive rights for an initial term of 5 years, renewable in 5-year increments up to a maximum of 25 years. The enforcement of design rights may involve customs action, cease-and-desist measures, or litigation to prevent unauthorized use, reproduction, or distribution of infringing products.
