Article 19
Rights conferred by the Community design
- A registered Community design shall confer on its holder
the exclusive right to use it and to prevent any third party not
having his consent from using it. The aforementioned use shall
cover, in particular, the making, offering, putting on the
market, importing, exporting or using of a product in which
the design is incorporated or to which it is applied, or stocking
such a product for those purposes.
- An unregistered Community design shall, however,
confer on its holder the right to prevent the acts referred to in
paragraph 1 only if the contested use results from copying the
protected design.
The contested use shall not be deemed to result from copying
the protected design if it results from an independent work of
creation by a designer who may be reasonably thought not to
be familiar with the design made available to the public by the
holder.
- Paragraph 2 shall also apply to a registered Community
design subject to deferment of publication as long as the
relevant entries in the register and the file have not been made
available to the public in accordance with Article 50(4).