Urban Design

Isabel RoigVice President, BEDAManaging Director, Barcelona Design Center

Juan Antonio García Solera Architect

Arnaud Folliard-Monguiral Legal Service, OHIM

Chair: Jeremy Phillips Editor-in-Chief, JIPLP

Protecting Design

Isabel Roig Managing Director, BCD Barcelona Design Centre

President, BEDA Bureau of European Design Associations

What is BCD?

• First centre of design promotion in Spain – 1973.

• Target: Businesses and Public Bodies.

• Design as a value creator and a driver for innovation.

BEDA

The Bureau of European Design Associations

What is BEDA?

• European platform for design. • 40 members in 23 Member States plus Norway, Switzerland and Turkey.

• To communicate and promote the value of design and innovation to the European economy.

BEDA

BEDA is working on a Position Paper on EU Public

Procurement of design services, recommending a

respectful approach of intellectual property rights.

The European Design Innovation Initiative (EDII)

EDII

Design as a key discipline and activity to bring ideas to the market

has been recognized in the Innovation Union – Europe's 2020

flagship initiative.

In line with the commitment made in the Innovation Union, the

European Commission launched in 2011 the European Design

Innovation Initiative to exploit the full potential of design for

innovation and to reinforce the link between design, innovation and

competitiveness, and the European Design Leadership Board.

The European Design Leadership Board

The European Design Leadership BoardChristian Bason MindLab, DK

Miklós Bendzsel Hungarian Design Council, HU

Giovanni Cocco ISNART scpa - Istituto Nazionale Ricerche Turistiche, IT

Rachel Cooper Lancaster University, UK

Deborah Dawton DBA - Design Business Association, UK

Olli-Pekka Kallasvuo Chair, World Design Capital 2012, FI

Andrej Kupetz German Design Council, DE

Stefano Marzano Electrolux, SE

Isabel Roig BCD - Barcelona Design Centre, ES

Klemens Rossnagel Audi/Volkswagen Konzern Design, DE

Andrea Siodmok Technology Strategy Board, UK

Livia Tirone Tirone Nunes S.A., PT

Gerin Trautenberger Microgiants Industrial Design GmbH, AT

Roberto Verganti Politecnico di Milano, IT

Thierry Wasser Guerlain, FR

Report of the Design Leadership Board

Contributions of the LB members

Co-Design workshop

Seven long working meetings

Hundreds of hours of editing

21 Recommendations

Number 3

“Work towards zero tolerance of infringement of IPR

related to design, setting up a specific Court for

European IP cases.”

Ensuring success

Successfully embedding design in innovation in Europe:

• Communication and advocacy – raising awareness and driving

implementation – Action Plan!

• Establish a permanent dialogue on design with the European

Commission through BEDA.

• Mechanism for continuous monitoring of progress.

Design Protection

Design Protection, the key issue

The need to protect the uniqueness of European design establishing rigorous enforcement of rights:

• Harmonised registration, but not harmonised enforcement inside EU (businesses nightmare!)

• EU Diplomatic / Political support against tolerance towards infringements outside EU.

Design Protection, the key issue

Top Enforcement Problems:

long duration of proceedings, complexity of legislation and procedures, lack of harmonised remedies, no clear guidelines on how damages for moral prejudice can be awarded in IP infringement matters, specialised courts are not really specialised, difficulty to prove damages...

(European Observatory on Counterfeiting and Piracy)

A real story in the Urban Sector

A real story in the Urban Sector

A leading Spanish SME - Santa & Cole - had one of its products copied

by a contractor in a third country, leaving them with no legal path of

redress.

The copying of designs on a commercial scale by international

competitors directly endangers Europe’s SMEs and the future of

creative industries.

A more robust and enforceable regime for protection would ensure

Europe profits from design innovation.