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Pages and Files
About Design Protection
EU Design Case Law
Invalidity Division Decisions
OHIM Appeal Decisions
ECJ and CFI Decisions and Opinions
Community Design Regulation (CDR)
Design Directive 98 71
Implementation of the Design Directive
in the EU
Registered Designs Act 1949
Registered Designs Rules 2006
International Case Law
Designs of Parts, and Parts of Designs
Non Visible Component Parts
Unregistered Community Designs - first disclosure outside Europe
OHIM Prior Use Evidence
Joint Ownership in the EU
CDR Art 7
(1) For the purpose of applying Articles 5 and 6, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, before the date referred to in Articles 5(1)(a) and 6(1)(a) or in Articles 5(1)(b) and 6(1)(b), as the case may be, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the Community. The design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.
(2) A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 and if a design for which protection is claimed under a registered Community design has been made available to the public:
(a) by the designer, his successor in title, or a third person as a result of information provided or action taken by the designer or his successor in title; and
(b) during the 12-month period preceding the date of filing of the application or, if a priority is claimed, the date of priority.
(3) Paragraph 2 shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.
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