Regulation 2006/1891 - Amendment of Regulations (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the EC to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs - Main contents
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official title
Council Regulation (EC) No 1891/2006 of 18 December 2006 amending Regulations (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2006/1891 |
| Original proposal | COM(2005)689  |
| CELEX number i | 32006R1891 |
| Document | 18-12-2006 |
|---|---|
| Publication in Official Journal | 29-12-2006; Special edition in Croatian: Chapter 17 Volume 002,Special edition in Bulgarian: Chapter 07 Volume 017,OJ L 386, 29.12.2006,Special edition in Romanian: Chapter 07 Volume 017 |
| Effect | 01-01-2008; Entry into force See Art 3 And OJ L 291/2007 P. 28 |
| End of validity | 12-04-2009; Partial end of validity Art. 1 Implicitly repealed by 32009R0207 31-12-9999 |
29.12.2006 |
EN |
Official Journal of the European Union |
L 386/14 |
COUNCIL REGULATION (EC) No 1891/2006
of 18 December 2006
amending Regulations (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee,
Having regard to the opinion of the European Parliament,
Whereas:
(1) |
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (1) created the Community design system whereby undertakings can by means of one procedural system obtain Community designs to which uniform protection is given and which produce their effects throughout the entire area of the Community. |
(2) |
Following preparations initiated and carried out by the World Intellectual Property Organisation (WIPO) with the participation of the Member States which are members of the Hague Union, the Member States which are not members of the Hague Union and the European Community, the Diplomatic Conference, convened for that purpose at Geneva, adopted the Geneva Act of the Hague Agreement concerning the international registration of industrial designs (hereinafter referred to as the ‘Geneva Act’) on 2 July 1999. |
(3) |
The Council, by Council Decision 954 approved the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs (2) and authorised the President of the Council to deposit the instrument of accession with the Director-General of WIPO as from the date on which the Council has adopted the measures which are necessary to give effect to the accession of the Community to the Geneva Act. This Regulation contains those measures. |
(4) |
The appropriate measures should be incorporated in Regulation (EC) No 6/2002 through the inclusion of a new title on ‘International registration of designs’. |
(5) |
The rules and procedures relating to international registrations designating the Community should, in principle, be the same as the rules and procedures which apply to Community designs applications. According to this principle, an international registration designating the Community should be subject to the examination as to the grounds for non-registrability before it takes the same effect as a registered Community design. Likewise, an international registration having the same effect as a registered Community design should be subject to the same rules on invalidation as a registered Community design. |
(6) |
Regulation (EC) No 6/2002 should therefore be amended accordingly. |
(7) |
The accession of the Community to the Geneva Act will create a new source of revenues for the Office for the Harmonisation in the Internal Market (Trade Marks and Designs). Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (3) should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 134(3) of Regulation (EC) No 40/94 is replaced by the following:
‘3. Revenue shall comprise, without prejudice to other types of income, total fees payable under the fees regulations, total fees payable under the Madrid Protocol referred to in Article 140 of this Regulation for an international registration designating the European Communities and other payments made to Contracting Parties to the Madrid Protocol, total fees payable under the Geneva Act referred to in Article 106c of Regulation (EC) No 6/2002 for an international registration...
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