Community and National Design
Community designs (CD) became protectable in Lithuania starting with May 1, 2004. Before that date design rights could be obtained only through national system.
CD registrations and applications filed before May 1, 2004 were automatically extended to this country. Thus extended CD cannot be invalidated on the grounds of reasons that existed in LT before its accession to EC. However holders of earlier national designs can prevent use of an extended design, provided the application for the national design had been filed with the Lithuanian office before the date of accession.
The concept and major provisions for design protection are the same or analogous.
The period of validity of national design and RCD is the same – up to 25 years with renewal after each 5-year period.
Exclusive rights by both systems include inter alia the right to prohibit export of infringing goods.
Under both systems a design is considered to be new provided it maintains novelty in the territory of the European Community.
However there exist some points of difference between RCD and national design registration.
Unlike RCD, the application for which may include an unlimited number of designs relating to the same Locarno class, a Lithuanian application may include up to 10 designs (“samples”).
Unlike RCD, the applicant for a national design cannot request a deferred publication. The design will be published immediately after examination and payment of registration and publication fee.
Unlike RCD, there is an opposition period for national designs – three months after publication.
Unlike RCD, invalidation of a national design after grant of certificate can only be sought only in a court proceeding. The national patent Bureau does not consider such disputes if they arise after grant of certificate.
Protection of Unregistered Community Designs in the territory of Lithuania is regulated by the Community Design law.