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

article  78

CELEX:  02002R0006-20250501

Professional representation
1. Representation of natural or legal persons in proceedings before the Office under this Regulation may only be undertaken by any of the following:
(a) a legal practitioner qualified in one of the States party to the EEA Agreement and having the place of business within the EEA, to the extent that the legal practitioner is entitled, within that State, to act as a representative in industrial property matters;
(b) professional representatives whose names appear on the list of professional representatives referred to in Article 120(1), point (b), of Regulation (EU) 2017/1001;
(c) professional representatives whose names appear on the special list of professional representatives for design matters referred to in paragraph 4.
2. The professional representatives referred to in paragraph 1, point (c), shall only be entitled to represent third persons in proceedings on design matters before the Office.
3. Representatives acting before the Office shall, at the request of the Office or, where appropriate, of the other party to the proceedings, provide the Office with a signed authorisation for insertion on the files.
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

article  78

CELEX:  02002R0006-20250501

4. The Office shall establish and maintain a special list of professional representatives in design matters. Any natural person who fulfils all the following conditions may be entered on that list:
(a) being a national of one of the States party to the EEA Agreement;
(b) having the place of business or employment in the EEA;
(c) being entitled to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or before the central industrial property office of a State party to the EEA Agreement. Where the entitlement referred to in the first subparagraph, point (c), is not conditional upon the requirement of having special professional qualifications, a person applying to be entered on the list who acts in design matters before the Benelux Office for Intellectual Property or a central industrial property office shall have habitually so acted for at least five years.
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

article  78

CELEX:  02002R0006-20250501

However, persons whose professional qualification to represent natural or legal persons in design matters before the Benelux Office for Intellectual Property or a central industrial property office is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.
5. Entry on the list of professional representatives in design matters shall be effected upon request, accompanied by a certificate furnished by the Benelux Office for Intellectual Property or the central industrial property office of the Member State concerned, indicating that the conditions laid down in paragraph 4 are fulfilled. The entries in the list of professional representatives in design matters shall be published in the Official Journal of the Office.
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs

article  78

CELEX:  02002R0006-20250501

6. The Executive Director may grant an exemption from any of the following:
(a) the requirement set out in paragraph 4, first subparagraph, point (a), in the case of highly qualified professionals, provided that the requirements set out in paragraph 4, first subparagraph, points (b) and (c), are fulfilled;
(b) the requirement set out in paragraph 4, second subparagraph, if the person applying to be entered on the list furnishes proof that he or she has acquired the required qualification in another way.
7. The conditions under which a person may be removed from the list shall be laid down in the implementing regulation.
8. Representatives acting before the Office shall be entered in the database referred to in Article 72a and obtain an identification number. The Office may require the representative to prove the real and effective nature of their establishment or employment at any of the addresses identified. The Executive Director may determine the formal requirements for obtaining an identification number, in particular for associations of representatives, and for the entries of the representatives in the database.