Have you protected a design in France or Europe and now wish to extend the protection to other countries?
The assistance of an Intellectual Property attorney from Brandon IP will enable you to secure the filing of your designs in France or in the European Union, and also to extend them on an international scale if necessary.
The protection of a design
Article L.511-1 of the French Intellectual Property Code states that: “The protection of an industrial design covers the appearance of a product, or part of a product, particularly characterized by its lines, its contours, colors, shape, texture or materials. These characteristics may be those of the product itself or of its ornamentation. A product refers to any industrial or hand-crafted object, particularly parts designed to be assembled into a complex product, packaging, presentations, graphical symbols and typographic characters, with the exclusion of computer programs.”
A design must be new, visible and unique in order to qualify for legal protection.
It must be new, that is a design must not be identical to a design disclosed to the public prior to the date of filing of the application.
The design has an individual character when the overall visual impression for an informed observer differs from the one produced by any other disclosed industrial design.
In order to obtain the best possible protection for a design, it is first necessary to choose precisely the views that will be filed. Brandon IP’s Intellectual Property attorneys can of course accompany you in this first step.
In France, the design is filed with the French Patent and Trademark Office (INPI). In Europe, a design is filed with the EUIPO. A European application automatically covers the 27 countries of the European Union. The Hague system, set up to facilitate the protection of industrial designs worldwide makes it possible to register a creation in several countries thanks to a simplified procedure with WIPO (World Intellectual Property Organization).
The protection is in principle for a period of 5 years, renewable for periods of 5 years up to a maximum of 25 years.
International extension of a design
After a first filing in France or in the European Union, it is possible to extend a design worldwide and/or to file national design applications in the countries that are not members of the Hague Agreement. Our attorneys best advise you in your international filing strategy and handle all the related procedures.
Please note that a filing with WIPO does not guarantee the protection of your patent or design in all the chosen countries. Indeed, each designated State will examine the application according to its law and the designs already registered locally. If in France novelty and individual character are essential criteria, these same criteria are not necessarily used in other countries.
Our teams of experts provide you with their experience and knowledge of legal rules and case law, as well as their international network of specialized foreign associates. They answer all your questions relating to the protection of your designs worldwide, the conditions of protection in each country and the steps to take.
Experts in intellectual property close to you and your needs
Since 1866, Brandon IP, formerly known as Blétry Frères, has supported its clients in the protection and defense of their intellectual property rights. It is one of the oldest intellectual property firms in France – if not the oldest. We support companies of all sizes and project leaders in the protection of their inventions in a fully customized way and as close as possible to their needs. As a guarantee of our expertise, Brandon IP is ranked among the best French Patent & Trademark firms by Décideurs Magazine (Leaders League).
Our team dedicated to designs is composed of attorneys and engineers who are experts in different technical fields as well as legal assistants.
Meet our team here: www.brandon-ip.com/your-contacts/
To learn more about our services, please do not hesitate to contact us.
See also:
- Prior searches and filing of industrial designs
- Prior art search: checking the availability of the design and model
- Negotiation and drafting of your intellectual property contracts