Designs
and
Models

Designs and Models

“A design is a legal title that allows its holder to protect it’s aesthetic creation.”

The protection of designs applies to all objects that are distinguished from their similar ones by a shape, a configuration or an external effect that gives them a specific and new appearance. The appreciation of the artistic value of the object does not intervene. The distinction between two-dimensional “designs” and three-dimensional “designs” has no legal significance.

“The right on the creation is born as from the filing at the relevant Office (INPI, EUIPO, …).”

The filing confers a certain date to this creation. Its holder, whoever he may be, will also enjoy the presumption of creation. He will not have to prove either that he is the author or, failing that, that the author has assigned him this right. Only the true creator could, if necessary, reverse this presumption.

“The legal title registered at the relevant Office (INPI, EUIPO, …) allows its holder to enjoy a monopoly on his creation provided that it is new.”

The novelty extends in a relative way: a model can borrow several of its elements from the public domain and present only certain new characteristics (shape of the armrests, foot of an armchair for example…). It can even be exclusively composed of known elements, if the creator has arranged or combined them in a new way. However, this novelty can be altered by anteriority, i.e. a design with an earlier creation date that presents an identical or very similar aesthetic. The search for anteriorities is neither limited in time nor in space: one can go back indefinitely in the past (for example, a fabric pattern from the 13th century) and refer to a design created in any country of the world. The disclosure of a design destroys its novelty.

“The monopoly granted by the relevant Office (INPI, EUIPO, …) has a maximum duration of 25 years…”

The monopoly granted by the relevant Office (INPI, EUIPO, …) has a maximum duration of 25 years, renewable by periods of 5 years from the date of filing. It is also possible to concede the exploitation to a third party.

“The legal title granted by the relevant Office (INPI, EUIPO, …).”

The legal title granted by the the relevant Office (INPI, EUIPO, …) allows its holder to prohibit third parties from manufacturing or selling a product identical or similar to the protected one (counterfeit).

“Designs cannot be protected…”

Designs cannot be protected if the external shape of the product is imposed by the technical function of the object, i.e. the technical constraints of its use.

“There are different options for obtaining protection abroad…”

There are different possibilities to obtain protection abroad for one’s creation within the priority period of 6 months from the date of filing in France: national filing in foreign countries, filing at the EUIPO (European design protecting the 27 members), filing at WIPO (International design protecting one or several signatory states of the convention.)

Filing

“Designs” is a legal title that allows its holder to protect its aesthetic creation.

The Design is a legal title that allows its owner to protect the aesthetic appearance of its product.

This aesthetic aspect is an asset for the marketing of a product, as it reflects the identity and innovation of a company.

Thanks to the registration of a model, the owner benefits from a monopoly of exploitation on the protected aesthetic, which confers him the right to exploit it as well as to attack any competitor who would exploit a product having a similar aesthetic that could induce a doubt in the mind of the consumer as to the origin of the product.

Protection

The legal title registered at the relevant Office (INPI, EUIPO, …) allows its holder to enjoy a monopoly on his creation provided that it presents a novelty.

The protection of a Design & Model is acquired by its registration on the condition that the following criteria are met :

- The design must be new : it is new if no identical or similar design has been made public before the filing date
- The model must have a proper character : it must not give an impression of déjà-vu,
- The applicant must be the rightful owner to make the filing,
- The design must not already be protected by a third party

Once these criteria are met, and depending on the results of the research, the application can be filed.

Valuation

The monopoly granted by the I.N.P.I. has a maximum duration of 25 years…

Once the design is registered, it must live. Thus:

- It must be used, either by the owner or by a licensee,
- It can be extended abroad through a European or international filing
- It must be monitored so that no one imitates your design.
- It must be renewed at the end of the protection period.
- It can be assigned.

Litigation

Identification of the invention

Our professional approach does not favor litigation…

Our professional approach does not focus on litigation, which we do not see as an end in itself. Experience has shown that recourse to a trial is a serious decision, which should only be considered when no other solution is possible.

However, when such a decision is necessary, Colbert Innovation supports the strategy and the conduct of the litigation by making the technical arguments supporting the claim or the defense as effective as possible. The teams formed with Colbert’s lawyers thus make it possible to maximize the usefulness of litigation and improve its cost-benefit balance.

Designs
and
Models