1、 What is exterior design?

According to the law, appearance design refers to the overall or partial appearance composed of lines, contours, colors, shapes, surface structures, materials, and/or products or their decorative patterns. The appearance design or appearance of a product can be equivalent to a company's brand and image, and can become an asset that brings economic value growth. If protection cannot be obtained, others can hitchhike and benefit from their investments and efforts. For this reason, it is advisable to apply for protection when the design is completed and before the public becomes aware of it.

2、 What is community exterior design?

Community design refers to the rights obtained by the appearance of a product or part thereof due to its own and/or its decorative features, which are valid and directly enforceable within the 27 member states of the European Union. The Community Regulation on the Protection of Designs No. 6/2002 is the core law in the EU design legal system.

Registered Designs (RCDs) are managed by the Office for the Coordination of the Internal Market (OHIM) of the European Union. OHIM is the official trademark and design registration office of the European Union, fulfilling the tasks assigned to it by regulations. If a design can serve as a community design (in the manner and under the conditions specified in the following steps, and with the necessary differences between RCD and UCD), the following statement will apply:

Manufacturing a product containing a protected design (or using that design) without the consent of the rights holder will be considered illegal

Placing a product containing a protected design (or using that design) on the market without the consent of the rights holder will be considered illegal;

Without the consent of the rights holder, promising to sell a product containing a protected design will be considered illegal;

Without the consent of the rights holder, promoting a product containing a protected design will be considered illegal;

Importing/exporting a product containing a protected design without the consent of the rights holder will be considered illegal.

3、 Invalid reasons and invalid procedures

There are two ways to invalidate a registered design application:

Submit an invalid request for the appearance design to OHIM.

• In infringement litigation, file a request for invalidation of the design with the Community Design Court (conflicts related to unregistered community designs are subject to the special discretion of the Community Design Court)

Validity presumption:In legal proceedings dealing with design infringement or potential infringement of registered community designs, the Community Design Court will assume the validity of the community design. The validity is only questioned when the accused infringing party files an invalid counterclaim.

After paying the relevant fees,Any natural person or legal entityAuthorized public authorities can submit applications to OHIM claiming the invalidity of registered community designs. The application must be submitted in writing, including facts, evidence, and reasons.

Reasons for invalidation of community design.Article 25 of CDR stipulates that a community design shall be declared invalid only if:

-The appearance design does not meet the definition of community appearance design in Article 3 (a) of the Regulations;

-The appearance design lacks novelty and uniqueness;

-The appearance design is the only design determined by the technical functionality of the product using that design;

-The person applying for registration has no right to enjoy the design;

-The appearance design of the community conflicts with the previous domestic appearance design;

-Unauthorized use of symbols protected by the laws of member states (such as badges, flags, and commemorative medals) in community design;

-Unauthorized use of copyrighted works in community design;

Both the rights holder of RCD and the party claiming invalidity of the design should participate in the invalidation process. The invalidity of a community design is a written procedure in which all parties express their views and submit their opinions. You can decide to appeal to the OHIM Appeals Committee.

appeal

Any party dissatisfied with the OHIM decision may appeal.

An appeal can only be filed after the final decision to terminate the program has been made and there has been no further communication. The decision to terminate the program can only be appealed together with the final resolution, unless the decision allows for separate appeals.

The first step of the appeal process is to submit it in writing within two months after the announcement of OHIM's decisionappellate paperThe appeal letter must be in the language of the application procedure and must submit a statement containing the disputed decision and to what extent it requires modification or revocation. The appeal shall only be deemed submitted upon payment of the appeal fee.

Within four months after the date of submitting the appeal, a written statement must be submitted stating the reasons for the appeal.

If the department responsible for the dispute resolution deems it possible to appeal and the reasons are sufficient, the appellant may modify their decision (also known as "mid way modification"). If the decision is not made within one month after receiving the statement of reasons, the appeal should be immediately submitted to the Board of Appeal (BoA) without any comments.

Appeal BoardComposed of three members (one of whom serves as the chairman), the appeal should be reviewed for permission. The appeal committee shall make a decision in writing: the decision must state the reasons on which it is based. If the appeal is successful, the appeal committee shall transfer the case to the department being appealed for further review. The department has an obligation to comply with the reasons given by the appeal committee.