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Urban Design. Isabel Roig Vice President, BEDA Managing Director, Barcelona Design Center Juan Antonio Garc í a Solera Architect Arnaud Folliard-Monguiral Legal Service, OHIM Chair: Jeremy Phillips Editor-in-Chief, JIPLP. Protecting Design. Isabel Roig
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Isabel Roig Vice President, BEDA Managing Director, Barcelona Design Center Juan Antonio García Solera Architect Arnaud Folliard-Monguiral Legal Service, OHIM Chair: Jeremy Phillips Editor-in-Chief, JIPLP
Protecting Design Isabel Roig Managing Director, BCD Barcelona Design Centre President, BEDA Bureau of European Design Associations
What is BCD? • First centre of design promotion in Spain – 1973. • Target: Businesses and Public Bodies. • Design as a value creator and a driver for innovation.
BEDA The Bureau of European Design Associations
What is BEDA? • European platform for design. • 40 members in 23 Member States plus Norway, Switzerland and Turkey. • To communicate and promote the value of design and innovation to the European economy.
BEDA • BEDA is working on a Position Paper on EU Public Procurement of design services, recommending a respectful approach of intellectual property rights.
EDII Design as a key discipline and activity to bring ideas to the market has been recognized in the Innovation Union – Europe's 2020 flagship initiative. In line with the commitment made in the Innovation Union, the European Commission launched in 2011 the European Design Innovation Initiative to exploit the full potential of design for innovation and to reinforce the link between design, innovation and competitiveness, and the European Design Leadership Board.
The European Design Leadership Board Christian Bason MindLab, DK Miklós Bendzsel Hungarian Design Council, HU Giovanni Cocco ISNART scpa - Istituto Nazionale Ricerche Turistiche, IT Rachel Cooper Lancaster University, UK Deborah Dawton DBA - Design Business Association, UK Olli-Pekka Kallasvuo Chair, World Design Capital 2012, FI Andrej Kupetz German Design Council, DE Stefano Marzano Electrolux, SE Isabel Roig BCD - Barcelona Design Centre, ES Klemens Rossnagel Audi/Volkswagen Konzern Design, DE Andrea Siodmok Technology Strategy Board, UK Livia Tirone Tirone Nunes S.A., PT Gerin Trautenberger Microgiants Industrial Design GmbH, AT Roberto Verganti Politecnico di Milano, IT Thierry Wasser Guerlain, FR
Report of the Design Leadership Board Contributions of the LB members Co-Design workshop Seven long working meetings Hundreds of hours of editing
21 Recommendations Number 3 “Work towards zero tolerance of infringement of IPR related to design, setting up a specific Court for European IP cases.”
Ensuring success • Successfully embedding design in innovation in Europe: • Communication and advocacy – raising awareness and driving implementation – Action Plan! • Establish a permanent dialogue on design with the European Commission through BEDA. • Mechanism for continuous monitoring of progress.
Design Protection, the key issue • The need to protect the uniqueness of European design establishing rigorous enforcement of rights: • Harmonised registration, but not harmonised enforcement inside EU (businesses nightmare!) • EU Diplomatic / Political support against tolerance towards infringements outside EU.
Design Protection, the key issue Top Enforcement Problems: long duration of proceedings, complexity of legislation and procedures, lack of harmonised remedies, no clear guidelines on how damages for moral prejudice can be awarded in IP infringement matters, specialised courts are not really specialised, difficulty to prove damages... (European Observatory on Counterfeiting and Piracy)
A real story in the Urban Sector A leading Spanish SME - Santa & Cole - had one of its products copied by a contractor in a third country, leaving them with no legal path of redress. The copying of designs on a commercial scale by international competitors directly endangers Europe’s SMEs and the future of creative industries. A more robust and enforceable regime for protection would ensure Europe profits from design innovation.