Diario Oficial de la Unión Europea del 20/1/2025 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
Official Journal of the European Union
EN
L series
2025/73
20.1.2025
COMMISSION IMPLEMENTING REGULATION EU 2025/73
of 17 January 2025
amending Regulation EC No 2245/2002 implementing Council Regulation EC No 6/2002 on Community designs Text with EEA relevance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation EC No 6/2002 of 12 December 2001 on Community designs 1, and in particular Article 1073 thereof, Whereas:
1
The reform of the Unions legislation on design protection included the amendment of Regulation EC No 6/2002
by Regulation EU 2024/2822 of the European Parliament and of the Council 2.
2
That amendment contained an update of the terminology of Regulation EC No 6/2002 in order to align it with the terminology of both the Lisbon Treaty and Regulation EU 2017/1001 of the European Parliament and of the Council 3. To ensure coherence, the terminology of Commission Regulation EC No 2245/2002 4 should be updated accordingly.
3
Furthermore, the amendment of Regulation EC No 6/2002 streamlined certain aspects of the EU design registration system, such as the deletion of the marginally used options to file a specimen instead of a representation of a design and to file an EU design application through the central industrial property office of a Member State and not directly with the European Union Intellectual Property Office EUIPO the Office. For the sake of coherence, it is therefore necessary to make corresponding adjustments to certain implementing rules contained in Regulation EC No 2245/2002.
4
In the context of the necessary alignment of Regulation EC No 6/2002 with Articles 290 and 291 of the Lisbon Treaty, a number of rules involving essential elements of legislation that are currently contained in Regulation EC
No 2245/2002 were incorporated into Regulation EC No 6/2002. For reasons of efficiency and the avoidance of duplication, the relevant rules contained in Regulation EC No 2245/2002 therefore need to be deleted.
5
The incorporation of new provisions into Regulation EC No 6/2002 that are currently contained in Regulation EC
No 2245/2002 also affects a number of provisions concerning fees payable to the Office. It is therefore necessary to adapt the existing references to those rules in Regulation EC No 2245/2002 to the corresponding new provisions incorporated into Regulation EC No 6/2002.
6
In accordance with the amendment of Regulation EC No 6/2002 by Regulation EU 2024/2822, it is necessary to align the provisions of Regulation EC No 2245/2002 on duration of time limits and representation before the Office with the Agreement on the European Economic Area in order to refer to the territory of the European Economic Area EEA instead of to the Community.
1 OJ L 3, 5.1.2002, p. 1, ELI: http data.europa.eu/eli/reg/2002/6/oj.
2 Regulation EU 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation EC
No 6/2002 on Community designs and repealing Commission Regulation EC No 2246/2002 OJ L, 2024/2822, 18.11.2024, ELI:
http data.europa.eu/eli/reg/2024/2822/oj.
3 Regulation EU 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark OJ L 154, 16.6.2017, p. 1, ELI: http data.europa.eu/eli/reg/2017/1001/oj.
4 Commission Regulation EC No 2245/2002 of 21 October 2002 implementing Council Regulation EC No 6/2002 on Community designs OJ L 341, 17.12.2002, p. 28, ELI: http data.europa.eu/eli/reg/2002/2245/oj.
ELI: http data.europa.eu/eli/reg_impl/2025/73/oj
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