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Community design
Applicants can also be entitled to combine in a single
application multiple
variations of the same design which will
greatly
facilitate the protection
of textile patterns and similar multiple designs.
Designs may also be protected for a period of three years from first
marketing in the European Union by an unregistered Community Design
right. Unregistered Community Design right subsists automatically, subject
to the design fulfilling all of the same criteria for validity as a registered
Community Design.
The same acts will infringe both unregistered and registered Community
Designs, except that, in the case of an unregistered right, there is only
infringement where the infringing design has been copied from the earlier design.
Although the unregistered design right will be useful, a designer seeking
to optimise his protection in the European Union should clearly obtain a
registered Community Design, the enforcement of which does not require
proof of subsistence, title or copying
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