Designs and models

Design law provides protection for the appearance of creations, i.e. their industrial “design”.

In France, the protection of the appearance of a product is governed by Book V of the Intellectual Property Code and is granted for a minimum period of 5 years (extendable by increments of 5 years up to a maximum period of 25 years).

The applicable French law results from the transposition of the directive (EU) n°98- 670 of October 13, 1998.

The unitary title valid in all the Member States of the European Union (European Union designs) has existed since March 6, 2002, the date of entry into force of Council Regulation (EU) No. 6/2002 of December 12, 2001.

Before filing a design, it is necessary to ensure that all the required conditions of validity are met.

New

The novelty of the design is demonstrated when no identical design has been disclosed at the date of filing of the application for registration (or at the claimed priority date).

Own character

A design has a distinctive character when the overall visual impression it creates in the informed observer differs from that produced by any other design disclosed before the date of filing of the application for registration (or before the priority date claimed)

How to protect the appearance of your products?

The creator of designs can obtain protection for his products in France (via a filing with the INPI), within the European Union (via the INPI or the EUIPO), and internationally via the Hague System (WIPO – this is a centralized filing with the Office which allows the country or countries of interest to be designated, the application for registration then being transmitted to each Office which will proceed to its examination with regard to national legislation) or national filings.

Protection under design law is conditioned by the novelty of the product (no identical design must have been disclosed by the date of filing of the application for registration or by the date of priority claimed) and its distinctive character (where the overall visual impression it creates in the informed observer differs from that produced by any design disclosed before the date of filing of the application for registration or before the date of priority claimed).

The design can also be protected under copyright law, provided that its originality is demonstrated (imprint of the author’s personality, arbitrary artistic choices, etc.).

Infringements of the rights attached to protected designs may also be the subject of an infringement action, possibly accompanied by an action for unfair competition, provided that the right holder bases his action on facts distinct from those of the infringement.

Furthermore, an unregistered design can also be protected for a period of 3 years (non-extendable) from the first disclosure to the public within the European Union.

Our services

Assistance and follow-up

The Bouchara firm assists you in particular for :

The formalities for filing your designs with the competent offices (INPI, EUIPO, WIPO);
Conducting prior art searches among prior designs in order to verify the state of the prior art;
The filing of your customs surveillance applications.

Representation

The Bouchara Law Firm represents you in the protection and defense of your interests in administrative actions before the Offices and judicial actions before the Courts.