European Commission publishes results of public consultation on design law reform
On September 3, 2021, the European Commission published the results of a public consultation on the reform of design law (“Results“). The public consultation brought together the contributions of 105 respondents, mainly located in Belgium, Spain, Italy, France and Germany. Among the results, it should be mentioned that the majority of those interviewed stressed the need to provide more transparent and clear rules regarding the process of registering designs, and at the same time the need to raise awareness of the existence of the EU legal framework on designs. and the protection it offers. Almost two-thirds of those interviewed also stressed the need to clarify the relationship and the cumulative protection offered by design law and copyright and to remove the Member States’ margin of appreciation in determining the conditions of protection of copyright (on this subject, see also the Court of Justice of the EU Justice ruling on the Cofemel Case). The results also suggest that a rule on spare parts similar to that considered under Regulation (EC) n ° 6/2002 of 12 December 2001 on community designs should be introduced in Directive (EC) n ° 98/71 of October 13, 1998 on the legal protection of designs (Design guideline). The European Commission is now expected to publish a new impact assessment study in the coming months, based on the results of the public consultation, which could provide clearer information on the EU’s willingness to reform the EU. design law.