RCD
Advantages of Registered Community Design (RCD)
- WIDE- exclusive right to use it in the 28 Member States of the European Union.
- FAST- easy to obtain patent right in 6 months.
- CHEAP-single payment; cheaper than filing in every countries separately.
- SIMPLE-formalities examination only.
Introduction of Registered Community Design (RCD)
The Community Designs Regulation was adopted on 12 December 2001. Unregistered Community design protection has existed since 6 March 2002 and registered Community design protection has existed since 1 April 2003. There are 27 member states in European Union (as of 2023).
The registered Community design (RCD)
An RCD is an exclusive right for the outward appearance of a product or part of it, resulting from the features (in particular, the lines, contours, colours, shape, texture and/or materials) of the product itself and/or its ornamentation.
Scope and validity
An RCD is valid in the European Union as a whole. It is not possible to limit the geographic scope of protection to certain Member States.
An RCD initially has a life of 5 years from the date of filing and can be renewed in periods of five years up to a maximum of 25 years.
A single legal system applies to Community designs, providing strong and uniform protection throughout the European Union.
The RCD confers on its holder the exclusive right to use it in the 27 Member States of the European Union. It prevents any third party of using the RCD without the consent of the holder.
Procedures of Registered Community Design (RCD)
The RCD applications are checked mainly for formalities (e.g. no search for novelty).
The RCD system consists of a simple registration procedure:
- a single application
- a single language of filing
- a single administrative centre
- a single file to be managed
- a single payment
- the possibility to file multiple applications (i.e. to include several designs in one application, such as a whole range of similar products)
- the possibility to keep the design confidential for up to 30 months