Community Design Right
Article 4(1) of the Principal Regulation explains that a design Âshall be protected  to the extent that it is new and has individual characterÂ. The word Âdesign is defined in article 3(a) as Âthe appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentationÂ.
Community Design Right
6.                   Community Design Right is governed by Council Regulation (EC) No 6/2002 (Âthe Principal RegulationÂ). Recital (14) of the Regulation mentions that Âa design has individual character if Âthe overall impression produced on an informed user viewing the design clearly differs from that produced on him by the existing design corpus, taking into consideration the nature of the product to which the design is applied  . Recital (24) states that it is Âa fundamental objective that the procedure for registering a design Âshould present the minimum cost and difficulty to applicantsÂ.
7.                   Article 4(1) of the Principal Regulation explains that a design Âshall be protected  to the extent that it is new and has individual characterÂ. The word Âdesign is defined in article 3(a) as Âthe appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentationÂ. Article 6 explains that a design has individual character Âif the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public. Article 10(1) states that Â[t]he scope of the protection  shall include any design which does not produce on the informed user a different overall impression. Article 10(2) states that, when Âassessing the scope of protectionÂ, Âthe degree of freedom of the designer in developing his design is to be Âtaken into considerationÂ.
8.                   Article 36(1) of the Principal Regulation sets out the requirements of a valid application for registration of a design, which include Âa representation of the design suitable for reproductionÂ. Article 36(2) also requires an application to Âcontain an indication of the products in which the design is intended to be incorporated or to which it is intended to be appliedÂ. Article 36(3) states that an application Âmay contain various things, including Â(d) the classification of the products in which the design is intended to be incorporated or to which it is intended to be appliedÂ. Article 36(6) states that Â[t]he information contained in the elements mentioned in paragraph 2 and in paragraph 3(a) and (d) shall not affect the scope of protection of the designÂ.
9.                   Commission Regulation (EC) No 2245/2002 (Âthe Implementing RegulationÂ) implements the Principal Regulation. Article 4(1) of the Implementing Regulation states that the Ârepresentation of the design shall consist in a graphic or photographic reproduction of the design, either in black and white or in colourÂ. Up to seven different views of the design are permitted. Reflecting article 36 of the Principal Regulation, article 4(1)(c) of the Implementing Regulation states that Âno explanatory text, wording or symbols, other than the indication Âtop  may be displayedÂ. And article 4(1)(e) provides that the images accompanying an application to register a design Âshall be of a quality permitting all the details of the matter for which protection is sought to be clearly distinguished  for entry in the Register of Community DesignsÂ.
