L 29/38
EN
Official Journal of the European Union
4.2.2016
Article 85
Requirements for protection of registered designs
1.
Each Party shall provide for the protection of independently created designs that are new and original. This
protection shall be provided by registration and shall confer an exclusive right upon the holder of a registered design in
accordance with domestic law. For the purposes of this Article, a Party may consider that a design having individual
character is original.
2.
A design applied to or incorporated in a product which constitutes a component part of a complex product shall
only be considered to be new and to have individual character:
(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use
of the latter, excluding maintenance, servicing or repair work, and
(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty
and individual character.
Article 86
Rights conferred by registration
The holder of a registered design shall have the exclusive right to use it and to prevent any third party not having the
holder's consent from, inter alia, making, offering for sale, selling, importing, exporting, stocking or using a product
bearing or embodying the protected design when such acts are undertaken for commercial purposes.
Article 87
Protection conferred to unregistered designs
The Republic of Kazakhstan shall, no later than seven years after the date on which this Title starts to apply, effectively
provide for legal protection against copying unregistered designs, on the condition that the European Union has, no later
than two years before the end of that seven-year period, provided adequate training for representatives of the authorised
bodies, organisations and judges.
Article 88
Term of protection
The duration of protection as from the date of the filing of the application shall amount to at least 10 years. Each Party
may provide that the right holder may have the term of protection renewed for one or more periods of five years each,
up to the maximum term of protection established according to domestic law.
Article 89
Exceptions
1.
Each Party may provide for limited exceptions to the protection of designs, provided that such exceptions do not
unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the
legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.
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