Design law

Areas of expertise >     Design law

Designs and models protect the industrial “design”, that is to say the appearance of the 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 domestic law of Directive (EC) No. 98-670 of October 13, 1998.

Since March 6, 2002, the date of entry into force of Council Regulation (EC) No. 6/2002 of December 12, 2001, there is also a unitary title valid throughout the territory of the EU.

Terms of protection

Before filing your designs, make sure they meet all the requirements.

Novelty

A design or model is new if no identical design or model has been disclosed on the date of filing of the application for registration (or on the date of priority claimed).

own character

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

Novelty

A design or model is new if no identical design or model has been disclosed on the date of filing of the application for registration (or on the date of priority claimed).

own character

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

How protect the appearance of its products?

French designs and models must be filed with the INPI. Community designs and models can be filed with the INPI but also with the OHIM.

There is also an international registration procedure allowing you to make a single international deposit with WIPO to designate as many Contracting Parties as desired, in accordance with the Hague Agreement Concerning the International Registration of Industrial Designs and Models.

Only the design or model that is new and has its own character can be protected. This is characterized when no identical design or model has been disclosed on the date of filing of the application for registration (or on the date of priority claimed) and when the overall visual impression that it arouses in the informed observer differs from that produced by any design disclosed before the filing date of the application for registration (or before the claimed priority date).

Subject to being original, a registered design and model also benefits from copyright protection.

Infringements of the rights attached to protected designs and models may be the subject of an action for infringement, possibly accompanied by an action for unfair competition.

Finally, it should be noted the protection granted by the Regulation on Community designs of December 12, 2001, to the unregistered Community design or model, for a period of three years from the first disclosure to the public within the Community. European.

How protect the appearance of its products?

French designs and models must be filed with the INPI. Community designs and models can be filed with the INPI but also with the OHIM.

There is also an international registration procedure allowing you to make a single international deposit with WIPO to designate as many Contracting Parties as desired, in accordance with the Hague Agreement Concerning the International Registration of Industrial Designs and Models.

Only the design or model that is new and has its own character can be protected. This is characterized when no identical design or model has been disclosed on the date of filing of the application for registration (or on the date of priority claimed) and when the overall visual impression that it arouses in the informed observer differs from that produced by any design disclosed before the filing date of the application for registration (or before the claimed priority date).

Subject to being original, a registered design and model also benefits from copyright protection.

Infringements of the rights attached to protected designs and models may be the subject of an action for infringement, possibly accompanied by an action for unfair competition.

Finally, it should be noted the protection granted by the Regulation on Community designs of December 12, 2001, to the unregistered Community design or model, for a period of three years from the first disclosure to the public within the Community. European.

Our services

Support and follow-up

– filing of designs and models with the competent offices (INPI, OHMI, WIPO);

 – conducting prior art searches among designs and models;

 – filing of customs surveillance files.

Representation

We represent you in litigation relating to designs and models.

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