Regulation 2002/6 - Community designs

Please note

This page contains a limited version of this dossier in the EU Monitor.


Current status

This regulation has been published on January  5, 2002 and entered into force on March  6, 2002.


Key information

official title

Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
Legal instrument Regulation
Number legal act Regulation 2002/6
Original proposal COM(1993)342 EN
CELEX number i 32002R0006


Key dates

Document 12-12-2001
Publication in Official Journal 05-01-2002; Special edition in Slovenian: Chapter 13 Volume 027,Special edition in Croatian: Chapter 13 Volume 024,Special edition in Lithuanian: Chapter 13 Volume 027,Special edition in Estonian: Chapter 13 Volume 027,Special edition in Romanian: Chapter 13 Volume 033,Special edition in Czech: Chapter 13 Volume 027,OJ L 3, 5.1.2002,Special edition in Polish: Chapter 13 Volume 027,Special edition in Bulgarian: Chapter 13 Volume 033,Special edition in Hungarian: Chapter 13 Volume 027,Special edition in Maltese: Chapter 13 Volume 027,Special edition in Slovak: Chapter 13 Volume 027,Special edition in Latvian: Chapter 13 Volume 027
Effect 06-03-2002; Entry into force Date pub. + 60 See Art 111
End of validity 31-12-9999


Legislative text

Avis juridique important




Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

Official Journal L 003 , 05/01/2002 P. 0001 - 0024

Council Regulation (EC) No 6/2002

of 12 December 2001

on Community designs


Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),


  • (1) 
    A unified system for obtaining a Community design to which uniform protection is given with uniform effect throughout the entire territory of the Community would further the objectives of the Community as laid down in the Treaty.
  • (2) 
    Only the Benelux countries have introduced a uniform design protection law. In all the other Member States the protection of designs is a matter for the relevant national law and is confined to the territory of the Member State concerned. Identical designs may be therefore protected differently in different Member States and for the benefit of different owners. This inevitably leads to conflicts in the course of trade between Member States.
  • (3) 
    The substantial differences between Member States' design laws prevent and distort Community-wide competition. In comparison with domestic trade in, and competition between, products incorporating a design, trade and competition within the Community are prevented and distorted by the large number of applications, offices, procedures, laws, nationally circumscribed exclusive rights and the combined administrative expense with correspondingly high costs and fees for the applicant. Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs(4) contributes to remedying this situation.
  • (4) 
    The effect of design protection being limited to the territory of the individual Member States whether or not their laws are approximated, leads to a possible division of the internal market with respect to products incorporating a design which is the subject of national rights held by different individuals, and hence constitutes an obstacle to the free movement of goods.
  • (5) 
    This calls for the creation of a Community design which is directly applicable in each Member State, because only in this way will it be possible to obtain, through one application made to the Office for Harmonisation in the Internal Market (Trade Marks and Design) in accordance with a single procedure under one law, one design right for one area encompassing all Member States.
  • (6) 
    Since the objectives of the proposed action, namely, the protection of one design right for one area encompassing all the Member States, cannot be sufficiently achieved by the Member States by reason of the scale and the effects of the creation of a Community design and a Community design authority and can therefore, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
  • (7) 
    Enhanced protection for industrial design not only promotes the contribution of individual designers to the sum of Community excellence in the field, but also encourages innovation and development of new products and investment in their production.
  • (8) 
    Consequently a more accessible design-protection system adapted to the needs of the internal market is essential for Community industries.
  • (9) 
    The substantive provisions of this Regulation on design law should be aligned with the...


This text has been adopted from EUR-Lex.


Original proposal



Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.



Full version

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.


EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals the newly added documents and subsequent meetings in which these are scheduled for discussion or vote. The latest state of affairs is conveniently presented in such a way that a single glance is sufficient to keep informed. By way of alerts through e-mail or digital newsletters users and their clients are kept in the loop 24/7.

If you are interested in the EU Monitor, please contact us at