This position statement of the Max Planck Institute for Innovation and Competition comments on the EU Commission’s proposals for an amendment of the Community Design Regulation and for a recast of the Design Directive. It highlights issues of particular importance, as, inter alia, the revised approach to the subject matter of protection, the acquisition of unregistered designs, as well as the extended list of limitations and the relation with copyright. The Institute welcomes the aim of the proposals, i.e. to streamline and simplify proceedings, to enhance harmonization and improve the functioning of design legislation. While it endorses most of the proposed changes, comments are made particularly where further adjustment and clarification is needed.
MPI_Position Statement on the Design Package_01-25.pdf
Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 23-05