Protecting designs
The creation of a product that is both utilitarian and attractive is of strategic importance to companies. The appearance of this product not only allows it to stand out from the competition but also to seduce the consumer. This appearance should, therefore, be protected. Design protection legislation has now been introduced within the framework of industrial property law.
Definition of design law
The Intellectual Property Code, in article L 511-1, defines designs as «the appearance of a product, or part of a product, characterized in particular by its lines, contours, colours, shape, texture or materials. These characteristics may be those of the product itself or its ornamentation.»
When the appearance of these products HAS two-dimensional graphic elements, they are called drawings. When these graphic elements are three-dimensional, they are called models.
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Conditions for design protection
In accordance with Article L 511-2 of the Intellectual Property Code,"only a design that is new and has individual character may be protected".
- Novelty means that no identical or almost identical design has been disclosed before the date of protection granted to your application.
- Individual character means that the design should not give a feeling of déjà vu as a whole, in relation to a design already disclosed before the date of protection granted to your application.
Designs contrary to public order or moral principles cannot be protected. The same applies to designs which relate to a computer program or whose characteristics are dictated solely by its technical function.
To protect a design, it needs to be filed.
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Filing designs online
Any legal entity or individual person may file a design or if preferred can choose to be represented by a professional.
Online filing is done through a specialized platform. Once the application is submitted, an examination period starts.
If accepted, the application is published in the BOPI (Official Bulletin of Intellectual Property).
Copyright for your designs can be also be registered using our platform.
This Copyright allows you to protect your rights and bring proceedings against any competitor who infringes your creations.
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