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ARTICLE · 29 NOVEMBER 2024

The RCD Is Dead – Long Live The EU Design!

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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On November 18, 2024, the text of "Regulation (EU) 2024/2822 of the European Parliament and of the Council of October 23, 2024, amending Council Regulation (EC) No 6/2002 on Community designs.

GermanyIntellectual Property
Philipe Kutschke
Philipe Kutschke
Henning Hartwig
Henning Hartwig
Sabine Kossak
Sabine Kossak
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On November 18, 2024, the text of "Regulation (EU) 2024/2822 of the European Parliament and of the Council of October 23, 2024, amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002" ("EU Designs Regulation")1 and the text of "Directive (EU) 2024/2823 of the European Parliament and of the Council of October 23, 2024, on the legal protection of designs (recast)" ("Designs Directive")2 were published in the Official Journal of the European Union.

I. No major changes to the overall system of design protection

After a total of ten years of preparation and consultation, the European Union ("EU") finally arrived at some sort of "new" design law, which, however, when taking a closer look, does not seem to provide for any drastic changes. This certainly is because the former Community design regime proved to be a great success in daily practice, also thanks to being trimmed like an Imperial Bonsai by the

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