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Friday, June 24, 2005

OHIM: Definition and Explanation of "Design".

The

Office for the Harmonisation in the Internal Market (OHIM) recently has published

Examination Practice Note 2/2005 giving a definition and further explanations concerning the concept of a "Design":

"[...]In accordance with Article 3(a) CDR a “design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture, and/or materials of the product itself and/or ornamentation. A “product” means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs.

The exclusion of computer programs does not mean that screen images, menus, icons and other kinds of graphical elements of a program can not be protected as Community designs. The Office accepts graphical symbols and other kinds of images as Community designs.

Compliance with the definition of a design is subject to examination. The examiner will refuse the application where he/she finds that the subject-matter of the application does not correspond to the definition of a design as set forth in Article 3(a) CDR.[...]"

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