Article 26 - Representation of the design

1.   The design shall be represented in any form of visual reproduction, either in black and white or in colour. The reproduction may be static, dynamic or animated and shall be effected by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling.

2.   The reproduction shall show all the aspects of the design for which protection is sought in one or more views. In addition, other types of views may be provided with the purpose of further detailing specific features of the design.

3.   Where the representation contains different reproductions of the design or includes more than one view, those shall be consistent with each other, and the subject matter of the registration shall be determined by all the visual features of those views or reproductions combined.

4.   The design shall be represented alone, to the exclusion of any other matter.

5.   Matter for which no protection is sought shall be indicated by way of visual disclaimers. Any such visual disclaimers shall be used consistently.

6.   The Member States’ central industrial property offices and the Benelux Office for Intellectual Property shall cooperate with each other and with the European Union Intellectual Property Office to establish common standards to be applied to the requirements and means of design representation, in particular as regards the types and number of views to be used, the types of acceptable visual disclaimers, as well as the technical specifications for the means to be used for the reproduction, storage and filing of designs, such as the formats and size of the relevant electronic files.