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Liaison meeting on Designs 20 November 2012 Requirement of ‘neutral background’

Liaison meeting on Designs 20 November 2012 Requirement of ‘neutral background’. Carlo Rusconi. The representation of the design shall consist in a graphic or photographic reproduction of the design, either in black and white or in colour. It shall meet the following requirements :

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Liaison meeting on Designs 20 November 2012 Requirement of ‘neutral background’

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  1. Liaison meeting on Designs 20 November 2012 Requirement of ‘neutral background’ Carlo Rusconi

  2. The representation of the design shall consist in a graphic or photographic reproduction of the design, either in black and white or in colour. It shall meet the following requirements: • (e) the design shall be reproduced on a neutral background and shall not be retouched with ink or correcting fluid. It shall be of a quality permitting all the details of the matter for which protection is sought to be clearly distinguished and permitting it to be reduced or enlarged to a size no greater than 8 cm by 16 cm per view for entry in the Register of Community Designs provided for in Article 72 of Regulation (EC) No 6/2002, hereinafter ‘the Register’, and for direct publishing in the Community Designs Bulletin referred to in Article 73 of that Regulation. Article 4(1)(e) CDIR

  3. Representation of the Design (Art. 36(1)(c) CDR; Art. 4, 66 CDIR) Since the representation is the means to specify the features of the design for which protection is sought, it is of utmost importance that it is clear and complete and that nothing regarding the design is left to conjecture. Drawings, photographs (except slides), computer-made representations or any other graphical representation are accepted provided they are suitable for reproduction. For the purpose of allocating a filing date, a representation is considered suitable for reproduction when it meets the following requirements: (i) omissis; Point 4.4 Guidelines on Community Designs

  4. (ii) the design must be reproduced on a neutral background and must not be retouched with ink or correcting fluid. It must be of a quality permitting all the details of the matter for which protection is sought to be clearly distinguished (…). A background is considered neutral as long as the design is clearly discernible on it. The Office accepts all representations of designs that meet the formal requirements of Article 4 CDIR. It is the responsibility of the applicant to ensure that the representation of the design is of a quality allowing all the details for which protection is sought to be clearly distinguished.

  5. R 284/2011-3 Designs Department: Background not ‘neutral’ because (i) coloured and (ii) with contours. Board of Appeal: Background is ‘neutral’ because (i) white and (ii) without contours. Who is right?

  6. R 2230/2011-3 Designs Department: Background not ‘neutral’ because of presence of object which does not belong to the design. Board of Appeal: Agrees with Designs Department because ‘neutral background’ is not just about ‘background’: notion includes any element that is not part of the design.

  7. Information: (+ 34) 965 139 100 (switchboard)(+ 34) 965 139 400 (e-business technical incidents)(+ 34) 965 131 344 (main fax)information@oami.europa.eue-businesshelp@oami.europa.eutwitter/oamitweetsyoutube/oamitubes

  8. THANK YOU.

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