CDR现行规定

执委会草案

19(1), A registered Community design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.
(2) An unregistered Community design shall, however, confer on its holder the right to prevent the acts referred to in paragraph 1 only if the contested use results from copying the protected design.
The contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.
(3) Paragraph 2 shall also apply to a registered Community design subject to deferment of publication as long as the relevant entries in the register and the file have not been made available to the public in accordance with Article 50(4).

19(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, putting 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 recording the design for the purpose of enabling a product referred to in point (a) to be made.
(3) By way of derogation from Article 10(1), the holder of a registered EU design shall be entitled to prevent all third parties from bringing products, in the course of trade, from third countries into the Union, that are not released for free circulation in the Union, where the design is identically incorporated in or applied to those products, or the design cannot be distinguished in its essential aspects from such products, and an authorisation has not been given.
The right referred to in the first subparagraph shall lapse, if, during proceedings to determine whether the EU design has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council*, evidence is provided by the declarant or the holder of the products that the holder of the registered EU design is not entitled to prohibit the placing of the products on the market in the country of final destination.
(4) The holder of an unregistered EU design shall be entitled to prevent acts referred to in paragraphs 1 and 2 only if the contested use results from copying that design.
The contested use referred above shall not be deemed to result from copying the unregistered EU design if it results from an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.
(5) Paragraph 4 shall also apply to a registered EU design subject to deferment of publication as long as the relevant entries in the Register and the file have not been made available to the public in accordance with Article 50(4).

20(1), The rights conferred by a Community design shall not be exercised in respect of:
(a) acts done privately and for non-commercial purposes;
(b) acts done for experimental purposes;
(c) acts of reproduction for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.
(2) In addition, the rights conferred by a Community design shall not be exercised in respect of:
(a) the equipment on ships and aircraft registered in a third country when these temporarily enter the territory of the Community;
(b) the importation in the Community of spare parts and accessories for the purpose of repairing such craft;
(c) the execution of repairs on such craft.

20(1), The rights conferred by an EU design shall not be exercised in respect of:
(a) acts carried out privately and for non-commercial purposes;
(b) acts carried out for experimental purposes;
(c) acts of reproduction for the purpose of making citations or of teaching;
(d) acts carried out for the purpose of identifying or referring to a product as that of the design right holder;
(e) acts carried out for the purpose of comment, critique or parody;
(f) the equipment on ships and aircraft that are registered in a third country and that temporarily enter the territory of the Union;
(g) the importation into the Union of spare parts and accessories for the purpose of repairing ships and aircraft referred to in point (f);
(h) the execution of repairs on ships and aircraft referred to in point (f).
(2) Paragraph 1, points (c), (d) and (e), shall only apply where the acts are compatible with fair trade practices and do not unduly prejudice the normal exploitation of the design, and in the case of point (c), where mention is made of the source of the product in which the design is incorporated or to which the design is applied.