European Design Filings At O H I M. René Havermans 22 February 2013 OECD Expert Workshop on Measuring Design

Transcription

1 European Design Filings At O H I M René Havermans 22 February 2013 OECD Expert Workshop on Measuring Design

2 Alicante

3 City of Business 4th province of Spain / Million in 2011 / Companies With the 4th largest GDP / SMEs 96.1% / Exports Million/year

4 City of OHIM OHIM Agency of the EU / CTMs and RCDs/year / The EU Observatory on Infringements of IP rights Employees from 27 EU Members States / 1000 IP Professionals working For you

5 Registered Community Design Main features Birth of right application for registration Term of protection 5 years renewable 4 times (max: 25 years) Unitary character (equal effect throughout the Community) Exclusion of protection (non visible parts, technical functions, interconnections, against public policy or morality)

6 How can designs be registered in Europe? Three alternative routes allowing companies to obtain titles for protection of trade marks and designs within the EU National route (Design office in each MS) International route through WIPO (World Intellectual Property Organization) Community route (OHIM)

7 What is a design? (Art 3 (a) ) the appearance of the whole or a part of a product resulting from the features of, in particular, the... lines colours shape texture contours materials ornamentation

8 Examples of RCD s

9 What is a product? (Art 3 (b) ) Product : any industrial or handicraft item, including inter alia Parts intended to be assembled into a complex product Packaging and Get-up Graphic symbols Typographic typefaces Excluded - computer programs

10 Complex Products Parts intended for assembly into a complex product RCD

11 Packaging and Get-up

12 Logos

13 Graphical user interfaces (RCD ) Extracts from websites (RCD )

14 Icons RCD RCD RCD

15 Animated icons (RCD )

16 Typographic typefaces RCD

17 Plans, Blueprints RCD RCD

18 Set of articles articles having common features, being on sale or intended to be used together RCD RCD

19 What are not designs Natural products Mere words and sequences of letters without figurative elements (trade marks) Ideas Functions (patents) Smells and fragrances Music and sounds do not constitute the appearance of a product and therefore do not comply with the definition of a design.

20 Natural products

21 Trademarks DIESEL WIN MY WAGE

22 Ideas Process of producing fertilizer

23 Function

24 Moving annual trend Actual per month (incl linear trend) Design filings at OHIM 90,000 80,000 70,000 60,000 50,000 53,792 Design filings at HIM Received designs (Direct filings) ( alive ) 78,882 74,873 71,608 77,098 77,273 69,323 63,640 83,079 10,000 9,000 8,000 7,000 6,000 5,000 40,000 4,000 30,000 3,000 20,000 2,000 10,000 1, international designs received over last 5 years Around 50% of designs is renewed after 5 years

25 Moving annual trend Actual per month (Incl linear trend) Trademark filings at OHIM 120, ,000 Received CTM applications Trademark filings at OHIM 88, ,276 98, , , ,000 60,000 40,000 43,131 27,275 31,623 40,277 57,370 48,899 45,205 57, ,

26 Filings by Country for Year 2012 Filings by Country for Year 2012 Switzerland; 2.31% Netherlands; 2.99% Japan; 3.54% Rest; 21.13% Germany; 23.50% Italy; 10.78% Poland; 3.72% China + HK; 4.04% Spain; 4.85% UK; 6.25% France; 8.31% USA; 8.58% 74% of filings came from EU countries

27 Linear trend of main filing countries 25,000 Linear trend of main filing countries Germany R² = ,000 15,000 Italy R² = ,000 5,000 France R² = China + HK R² = USA R² = UK R² = Japan R² =

28 Growth rate main filing countries 250% Growth rate main filing countries France 225% 200% Switzerland Germany 175% Italy Japan USA 150% Netherlands UK Spain 125% HK 100%

29 Growth rate main filing countries 4500% Growth rate main filing countries 4000% Poland % 3000% 2500% 2000% China-HK % 1000% 500% 0%

30 Filings by class heading Furnishing Articles of Clothing and Haberdashery Recording, communication or information retrieval equipment Lighting apparatus Packages and containers for the transport or handling of goods Household goods, not elsewhere specified Fluid distribution equipment, sanitary, heating, ventilation and Graphic symbols and logos, surface patterns, ornamentat Tools and hardware Means of transport or hoisting Building units and construction elements Articles of adornment Games, toys, tents and sports goods Medical and laboratory equipment Travel goods, cases, parasols and personal belongings, not elsewhere Machines not elsewhere specified Equipment for production, distribution or transformation of electricity Clocks and watches and other measuring instruments, checking and Stationery and office equipment, artists' and teaching materials Sales and advertising equipment, signs Pharmaceutical and cosmetic products, toilet articles and apparatus Photographic, cinematographic and optical apparatus Textile piecegoods, artificial and natural sheet material Others 0% 2% 4% 6% 8% 10% 12% 14%

31 Fast business requires fast protection - 99 % of fast track files registered in 2 working days - others applications: - designs registered within 10 working days in 99% of cases or - a deficiency letter sent within 10 working days in 80% of cases.

32 Presentation Status OECD - expert workshop on Measuring Design / Presented by René Havermans APPROVED Approved by owner Authors Nathan Wajsman -René Havermans Chief - Economist Chief - Economist Service - Contributors - -Design Department Version Date Author - Revision history Description /02/2013 RH DD/MM/YYYY DD/MM/YYYY - -

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