As of 12 September 2020, the EUIPO is allowing registered Community design applicants to both deposit and retrieve priority documents using the WIPO DAS system. This is a step that has been long awaited by design attorneys given that 98% of registered Community design applications are now filed online.
As a Depositing Office, also known as an Office of First Filing, the EUIPO now allows an applicant to effectively store a certified copy of their registered Community design application as a ‘priority document’ on the DAS system. If a corresponding registered design application is then filed in another country that is party to the DAS system, the applicant can simply provide a DAS code to that countries IP office, which allows the office to securely retrieve the stored priority document from the DAS system. This avoids the need for the applicant to manually obtain and file a certified copy of the priority document.
As an Accessing Office, also known as an Office of Second Filing, the EUIPO now allows an applicant to provide a DAS code to the EUIPO when filing a registered Community design application that claims priority from an existing application in another country that is party to the DAS system. This allows the EUIPO to securely obtain a copy of the stored priority document from the DAS system. This use of the DAS system avoids the need for the applicant to manually obtain and file a certified copy of the priority document at the EUIPO.
It is expected that through use of the DAS system, registered Community design applicants may experience less administrative burden, reduced costs, and faster registration of their registered design applications.
If you would like to discuss how registered designs can help your business, how to invalidate a design registration is being used against you, or for more information about registered designs and other forms of intellectual property protection, please contact us.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.