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Regulation (EC) No 6/2002 is amended as follows:

(1) the title is replaced by the following: ‘Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs’ ;

(2) in Article 1, paragraph 1 is replaced by the following: ‘1. A design which complies with the conditions contained in this Regulation is hereinafter referred to as a “European Union design” (“EU design”).’ ;

(3) throughout the articles, the term ‘Community design’ is replaced by ‘EU design’ and any necessary grammatical changes are made;

(4) throughout the articles, the term ‘Community design court’ is replaced by ‘EU design court’ and any necessary grammatical changes are made;

(5) in Article 1(3), Article 7(1), Article 11(1), Article 22(1), Article 27(1), Article 96(1), Article 98(1) and (5), Article 106a(1) and (2), Article 106d(1) and (2), and Article 110a(1), the word ‘Community’ is replaced by ‘Union’ and any necessary grammatical changes are made;

(6) in Article 25(1), point (a), Article 47(1) and Article 106e(1), the reference to ‘Article 3(a)’ is replaced by a reference to ‘Article 3, point (1)’ and any necessary grammatical changes are made;

(7) Article 2 is replaced by the following: ‘Article 2 European Union Intellectual Property Office The European Union Intellectual Property Office (“the Office”), established by Regulation (EU) 2017/1001 of the European Parliament and of the Council, shall carry out the tasks entrusted to it by this Regulation. Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark ().’;" (8) the following article is inserted: ‘Article 2a Capacity to act For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and obligations of all kinds to make contracts or accomplish other legal acts, and to sue and be sued.’ ;

(9) Article 3 is replaced by the following: ‘Article 3 Definitions For the purposes of this Regulation, the following definitions apply:

(1) “design” means the appearance of the whole or a part of a product resulting from the features, in particular the lines, contours, colours, shape, texture and/or materials, of the product itself and/or of its decoration, including the movement, transition or any other sort of animation of those features;

(2) “product” means any industrial or handicraft item, other than a computer program, regardless of whether it is embodied in a physical object or materialises in a non-physical form, including:

(a) packaging, sets of articles, spatial arrangements of items intended to form an interior or exterior environment, and parts intended to be assembled into a complex product;

(b) graphic works or symbols, logos, surface patterns, typographic typefaces, and graphical user interfaces;

(3) “complex product” means a product that is composed of multiple components which can be replaced, permitting disassembly and reassembly of the product.’ ;

(10) in Article 4, paragraph 1 is replaced by the following: ‘1. A design shall be protected by an EU design, if it is new and has individual character.’ ;

(11) in Article 7(2), the introductory words are replaced by the following: ‘2. A disclosure shall not be taken into consideration for the purpose of applying Articles 5 and 6 if the disclosed design, which is identical with or does not differ in its overall impression from the design for which protection is claimed under a registered EU design, has been made available to the public:’ ;

(12) Article 12 is replaced by the following: ‘Article 12 Commencement and term of protection of the registered EU design 1. Protection of a registered EU design shall arise upon registration by the Office.

2. A registered EU design shall be registered for a period of five years calculated from the date of filing of the application for registration. The right holder may renew the registration, in accordance with Article 50d, for one or more periods of five years each, up to a total term of protection of 25 years from the date of filing of the application for registration.’ ;

(13) Article 13 is deleted;

(14) Articles 15 and 16 are replaced by the following: ‘Article 15 Claims relating to the entitlement to an EU design 1. If an unregistered EU design is disclosed or claimed by a person who is not entitled to it under Article 14 or if a registered EU design has been applied for or registered in the name of such a person, the person entitled to it under that Article may, without prejudice to any other remedy which may be open to that person, claim before the competent court or authority of the Member State concerned recognition as the legitimate holder of the EU design 2. Where a person is jointly entitled to an EU design, that person may, in accordance with paragraph 1, claim recognition as joint holder 3. Proceedings under paragraphs 1 or 2 shall be barred three years after the date of publication of a registered EU design or the date of disclosure of an unregistered EU design. This provision shall not apply if the person who is not entitled to the EU design was acting in bad faith at the time when such design was applied for, disclosed or acquired

4. The person entitled to an EU design under Article 14 may submit a request, pursuant to paragraph 1 of this Article, for a change of ownership to the Office, together with a final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design

5. In the case of a registered EU design, the following shall be entered in the Register of EU designs referred to in Article 72 (“the Register”):

(a) an indication that proceedings under paragraph 1 have been instituted before the competent court or authority of the Member State concerned;

(b) the date and particulars of the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design or any other termination of the proceedings;

(c) any change in the ownership of the registered EU design resulting from the final decision of the competent court or authority of the Member State concerned on the entitlement to the EU design. Article 16 Effects of a final decision on entitlement to a registered EU design 1. Where there is a complete change of ownership of a registered EU design as a result of proceedings under Article 15(1), licences and other rights shall lapse upon the entry in the Register of the new holder of the registered EU design

2. If, before the institution of proceedings under Article 15(1) has been registered, the holder or a licensee of the registered EU design has exploited the design within the Union or made serious and effective preparations to do so, that holder or licensee may continue such exploitation provided that they request, within a period of three months of the date of the entry in the Register of the new holder, a non-exclusive licence from the new holder whose name is entered in the Register. The licence shall be granted for a reasonable period and upon reasonable terms 3. Paragraph 2 shall not apply if the holder of the registered EU design or the licensee was acting in bad faith at the time when that holder or licensee began to exploit the design or to make preparations to do so.’ ;

(15) Article 18 is replaced by the following: ‘Article 18 Right of the designer to be cited The designer shall have the right, in the same way as the applicant for or the holder of a registered EU design, to be cited as such before the Office and in the Register. If the design is the result of teamwork, the citation of the team may replace the citation of the individual designers. That right shall include the right to enter a change of the name of the designer or of the team in the Register.’ ;

(16) the following article is inserted after the heading of Section 4: ‘Article 18a Object of protection Protection shall be conferred for those features of the appearance of a registered EU design which are shown visibly in the application for registration.’ ;

(17) Articles 19 and 20 are replaced by the following: ‘Article 19 Rights conferred by the EU design 1. A registered EU design shall confer on its holder the exclusive right to use it and to prevent any third party not having the consent of the holder from using it

2. The following, in particular, may be prohibited under paragraph 1:

(a) making, offering, placing on the market or using a product in which the design is incorporated or to which the design is applied;

(b) importing or exporting a product referred to in point (a);

(c) stocking a product referred to in point (a) for the purposes referred to in points (a) and (b);

(d) creating, downloading, copying and sharing or distributing to others any medium or software which records the design for the purpose of enabling a product referred to in point (a) to be made