Protection of designs
A design is an industrial property right which protects the appearance of a product. It is a property right granted for a period of 5 years which can be renewed up to 4 times for a maximum term of 25 years. The procedures for registration in France before the I.N.P.I. and overseas are closely monitored by our legal specialists.
We offer our clients appropriate strategies for the management of their portfolios of trademarks and designs in order to optimise their commercial prospects. In particular, we carry out searches of prior rights, a necessary prerequisite for the filing of a trademark, as well as monitoring of trademarks filed by third parties.
We also act in opposition proceedings and to combat infringement and negotiate settlement agreements in order to ensure that our clients’ intellectual property interests are defended as effectively as possible in an aggressive competitive environment.
What is a design?
Your design filing can relate to the appearance of a wide variety of products. This appearance can involve the whole of a product or just part of it. It must be characterised by visual elements, for example its lines, its contours, its colours, its shape, its texture or the materials used. These characteristics may be those of the product itself or those of its ornamentation. Ornamentation means the elements decorating the product.
Did you know? The graphical elements of your creations (logos, shapes, etc.) can in some cases be protected by a trademark filing. It is important that the elements which you wish to protect are visible during normal use of the product by the consumer. A part that is visible only during maintenance or repair of the product will not be protected.
The disclosure made by the creator may also destroy the novelty or the individual character of a design. Consequently, you are strongly advised, if you are the applicant, not to disclose, use or market products comprising your designs before you have undertaken your filing.
Why file a design?
We will assist you with the selection of the best protection from among designs or copyrights as well as applications for registration, with this protection being subject to a certain degree of subjectivity, filing and renewal procedures in France and overseas, monitoring of third-party filings and the negotiation of your licensing agreements.
