
Published:
21 January 2016
Online ISBN:
9780191927409
Print ISBN:
9780198719298
Contents
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A. Nomenclature A. Nomenclature
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B. Disclosure B. Disclosure
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(1) Summary (1) Summary
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(2) Forms of disclosure (2) Forms of disclosure
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Physical form Physical form
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Making public Making public
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Worldwide disclosure Worldwide disclosure
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(3) Non-commercialized disclosures (3) Non-commercialized disclosures
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(4) Worldwide disclosure with an exception for obscure designs (4) Worldwide disclosure with an exception for obscure designs
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Historical background Historical background
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Aims Aims
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Examples of obscure disclosures Examples of obscure disclosures
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Examples of relevant disclosures Examples of relevant disclosures
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Worldwide disclosure Worldwide disclosure
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What is the sector concerned? What is the sector concerned?
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Who are the circles specialized in the sector? Who are the circles specialized in the sector?
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Disclosure to a single entity Disclosure to a single entity
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Operating in the European Union Operating in the European Union
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Could not reasonably have become known in the normal course of business Could not reasonably have become known in the normal course of business
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Events Events
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Who decides? Who decides?
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Onus of proof Onus of proof
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Not too obscure, but not known by the informed user? Not too obscure, but not known by the informed user?
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Applying the test Applying the test
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C. Relevant Date for Prior Disclosure C. Relevant Date for Prior Disclosure
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(1) RCDs and registered national and Benelux designs (1) RCDs and registered national and Benelux designs
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Date of filing Date of filing
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Date of priority Date of priority
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(2) Unregistered Community designs (2) Unregistered Community designs
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(3) Timing of the disclosure (3) Timing of the disclosure
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Delay in coming to the attention of the relevant circles Delay in coming to the attention of the relevant circles
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Old disclosures Old disclosures
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D. Confidential Disclosures D. Confidential Disclosures
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(1) Express conditions of confidentiality (1) Express conditions of confidentiality
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(2) Implicit conditions of confidentiality (2) Implicit conditions of confidentiality
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(3) Confidentiality may cause difficulties (3) Confidentiality may cause difficulties
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E. Grace Period E. Grace Period
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(1) Common error (1) Common error
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(2) Grace period disclosures (2) Grace period disclosures
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Designer or successor in title Designer or successor in title
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Third person Third person
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Disclosure of a different design Disclosure of a different design
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(3) Abusive disclosures (3) Abusive disclosures
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The same design The same design
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Timing Timing
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Abuse Abuse
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Does Article 7(3) of the Regulation apply to unregistered Community designs? Does Article 7(3) of the Regulation apply to unregistered Community designs?
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(4) Relying on the grace period (4) Relying on the grace period
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Cite
Stone, David, 'Prior Designs', European Union Design Law: A Practitioners' Guide (New York , 2016; online edn, Oxford Academic), https://doi.org/10.1093/oso/9780198719298.003.0010, accessed 6 May 2025.
Abstract
Article 4 of the Regulation provides that ‘a design shall be protected by a Community design to the extent that it is new and has individual character’. Both novelty and individual character are assessed against designs made available to the public prior to the relevant date (the date of disclosure in the European Union for unregistered Community designs and the application or priority date for RCDs).
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