Commission Regulation (EC) No 876/2007 of 24 July 2007 amending Regulation (EC) No 2245/2002 implementing Council Regulation (EC) No 6/2002 on Community designs following the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs (Text with EEA relevance)

• Published date: 25 July 2007
• Subject Matter: Intellectual, industrial and commercial property,Freedom of establishment,Internal market - Principles
• Official Gazette Publication: Official Journal of the European Union, L 193, 25 July 2007

25.7.2007 EN Official Journal of the European Union L 193/13

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COMMISSION REGULATION (EC) No 876/2007

of 24 July 2007

amending Regulation (EC) No 2245/2002 implementing Council Regulation (EC) No 6/2002 on Community designs following the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (1), and in particular Article 107(3) thereof,

Whereas:

(1) Following the accession of the European Community to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs adopted on 2 July 1999 approved by Council Decision 2006/954/EC (2) and the amendments of Regulation (EC) No 6/2002 linked thereto, it is necessary to adopt certain technical implementing measures.

(2) Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs (3) should therefore be amended accordingly.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 109 of Regulation (EC) No 6/2002,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2245/2002 is amended as follows:

1. the following Article 11a is inserted: ‘Article 11a Examination of grounds for refusal 1. Where, pursuant to Article 106e(1) of Regulation (EC) No 6/2002, the Office finds, in the course of carrying out an examination of an international registration, that the design for which protection is sought does not correspond to the definition of design provided for in Article 3(a) of that Regulation or that the design is contrary to public policy or to accepted principles of morality, it shall send to the International Bureau of the World Intellectual Property Organisation (hereinafter “the International Bureau”) a notification of refusal not later than six months from the date of publication of the international registration, specifying the grounds for refusal pursuant to Article 12(2) of the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs adopted on 2 July 1999 (hereinafter “the Geneva Act”) approved by Council Decision 2006/954/EC (4). 2. The Office shall specify a time limit within which the holder of the international registration has the possibility, pursuant to Article 106e(2) of Regulation (EC) No 6/2002, to renounce the international registration in respect of the Community, to limit the international registration to one or some of the industrial designs in respect of the Community or to submit observations. 3. Where the holder of the international registration is obliged to be represented in proceedings before the Office pursuant to Article 77(2) of Regulation (EC) No 6/2002, the notification shall contain a reference to the obligation of the holder to appoint a representative as referred to in Article 78(1) of that Regulation. The time limit specified in paragraph 2 of this Article shall apply mutatis mutandis. 4. If the holder fails to appoint a representative within the specified time limit, the Office shall refuse the

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