Design law
Areas of expertise > Design law
Designs protect the industrial “design”, i.e. the appearance of products.
In France, their protection (for a minimum period of 5 years, which can be extended by increments of 5 years, up to a maximum period of 25 years) is governed by Book V of the Intellectual Property Code. These provisions are the transposition into national law of Directive (EC) No. 98-670 of October 13, 1998.
Since March 6, 2002, when Council Regulation (EC) No. 6/2002 of December 12, 2001 came into force, there has also been a unitary title valid throughout the EU.
The conditions of protection
Before filing your designs, make sure they meet all the requirements.
New
A design is new if no identical design has been disclosed as of the date of filing of the application (or as of the claimed priority date).
Own character
A design is distinctive when the overall visual impression it produces in the informed public differs from that produced by any design disclosed prior to the filing date of the application (or before the date of priority claimed)
How to protect the appearance of your products?
French designs must be registered with the INPI. Community designs can be filed with the INPI but also with the EUIPO.
There is also an international registration procedure that allows a single international deposit to be made at WIPO to designate as many Contracting Parties as desired, in accordance with the Hague Agreement Concerning the International Registration of Industrial Designs.
Only designs that are new and have a unique character can be protected. This is characterized when no identical design has been disclosed as of the date of filing of the application for registration (or as of the date of priority claimed) and when the overall visual impression it produces 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).
Provided it is original, a registered design also benefits from copyright protection.
Infringements of the rights attached to protected designs may be the subject of an infringement action, possibly accompanied by an action for unfair competition.
Finally, it is worth noting the protection granted by the Community Design Regulation of December 12, 2001, to the unregistered Community design, for a period of three years from the first disclosure to the public within the European Community.
Our services
Assistance and follow-up
– filing of designs before the competent offices (INPI, EUIPO, WIPO);
– carrying out searches for prior art among the designs;
– filing of customs surveillance files.
– filing of designs before the competent offices (INPI, EUIPO, WIPO);
– carrying out searches for prior art among the designs;
– filing of customs surveillance files.
Representation
We represent you in design-related litigation.
