Community Protection of Design
The Council Regulation 6/2002/EC on Community Design entered into force on March 6, 2002. On the basis of this Regulation the protection of design can be obtained with only one application over all Member States of the European Union. The Regulation distinguishes the designs that are registered from those that are not. The application for granting community protection of registered design can be filed with the Office for Harmonization in the Internal Market (hereinafter referred to as "OHIM") or to the central industrial property offices of the Member States. The OHIM receives the application since January, 2003.
The terms of these two patents are different. The community protection of registered design has a term of 5 years reckoning from the day of application; the protection of design can be renewed repeatedly for a term of 5 years. The maximum term of the protection of design is up to 25 years reckoning from the day of application. The community protection of non-registered design has a term of 3 years reckoning from the day when the design is available for the first time.
The Hungarian Patent Office does not receive currently application of community protection of design. But after the access of Hungary to the European Union the application for the community protection of design can be submitted to the Office as well.