Dealing with Community designs as national design rights
- Unless Articles 28, 29, 30, 31 and 32 provide otherwise,
a Community design as an object of property shall be dealt
with in its entirety, and for the whole area of the Community,
as a national design right of the Member State in which:
(a) the holder has his seat or his domicile on the relevant date;
(b) where point (a) does not apply, the holder has an establish
ment on the relevant date.
- In the case of a registered Community design, paragraph
1 shall apply according to the entries in the register.
- In the case of joint holders, if two or more of them fulfil
the condition under paragraph 1, the Member State referred to
in that paragraph shall be determined:
(a) in the case of an unregistered Community design, by refer
ence to the relevant joint holder designated by them by
(b) in the case of a registered Community design, by reference
to the first of the relevant joint holders in the order in
which they are mentioned in the register.
- Where paragraphs 1, 2 and 3 do not apply, the Member
State referred to in paragraph 1 shall be the Member State in
which the seat of the Office is situated.