Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 16 Jun 2023
on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
To · plenary report· 30 Oct 2023
on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
+21 added · −22 removed · 3 changed paragraphs, packaging included.
Part 4 of 4: EXPLANATORY STATEMENT
EXPLANATORY STATEMENT
The Rapporteur takes a generally favourable view of the Commission’s proposal, which repeals and replaces the existing Directive 98/71/EC. It has the merit of adapting design protection to the evolution of digital technologies, in particular the appearance of 3D printers. It also seeks to further align national laws in order to enhance their interoperability and complementarity with the Community design system. Finally, it aims to complete the single market in repair spare parts by introducing a repair clause into the Directive as already contained in the Regulation.
Change 9
Changed:The proposed changes are guided by two general objectives: enhancing legal certainty and reiterating positions previously expressed by the European Parliament. The most important concern the replacement of the concept of ‘origin’ of the product, which is too vague, with the concept of ‘identity of the manufacturer’ of the product (Nos 8 and 14), and the replacementrelaxation of the ten-year period for the application of the repair clause to designs for which registration was sought before the entry into force of the new Directive, which was considered excessively long, with a period of three yearsrigid (No 15).