Whether you are a startup, SME, large company, or even an amateur artist, protecting the ornamental shape and contours of a product you create can add significant value.
The protection of designs and models involves securing a title that safeguards the “design” or appearance of an industrial or handmade product, or a part of it, including its lines, contours, colors, shapes, and textures.
Whether it’s the design of a product’s packaging, the look of furniture, or a vehicle, the possibilities are vast as long as the product meets protection requirements.
Design & model law is also a key component of fashion and luxury law, where aesthetic innovation and distinctive design are crucial for standing out in a highly competitive market. Establishing a robust protection strategy from the early stages of creation is essential to avoid potential conflicts in this highly litigious field. This involves not only filing designs and models with relevant industrial property offices but also clearly defining ownership rights from the outset of the creations.
The appearance of your products is a significant commercial asset, distinguishing you from competitors and building your identity.
Designs and models are industrial property titles that grant a five-year exclusive exploitation monopoly on a product’s appearance. This exclusive right can be renewed in successive five-year periods, providing continuous protection for up to twenty-five years.
The appearance of your product can be protected by a design & model and, if it is an original work, also qualify for copyright protection. This dual protection is common in the fashion world.
Additionally, graphic elements like logos can be protected by registering them as trademarks.
To register a design or model, your creation must be both new and have a unique character. This means it should not evoke a sense of déjà vu among informed public members nor have a common appearance in the relevant sector. To maintain its novelty, it is crucial not to publicly disclose or share your creation in any form before its official registration as a design or model.
Ensuring the newness of your creation involves conducting a prior rights search to verify that no identical or very similar designs or models have been previously disclosed. If similar elements exist, your creation may not qualify for protection.
Dreyfus, in collaboration with its global network of specialized intellectual property lawyers, can assist you at every step of the design and model protection process.
Dreyfus offers its internationally renowned expertise to clients
We assist in registering your designs and models to ensure effective and recognized legal protection nationally and internationally.
We provide portfolio management services, including renewal tracking and strategy implementation to enhance your creations.
We represent clients in design and model disputes, including infringement actions, opposition procedures, and nullity actions.
We develop customized strategies to protect your designs and models against unauthorized copying and use.
Our experts advise on regulatory compliance and best practices for safe innovation.
We conduct continuous monitoring to detect any rights violations and act quickly to enforce them.
Registration provides legal protection against copying and unauthorized use by granting exclusive rights.
Effective management maximizes asset value, ensures renewal, and develops exploitation strategies.
It is crucial to respond quickly. Our experts can represent you and take legal action to defend your rights.
We assist in registering and protecting your designs and models in multiple jurisdictions worldwide, ensuring global monitoring.
Monitoring involves keeping an eye on the market and registrations to detect unauthorized use of your creations and take appropriate action.
Yes, we advise on best practices and regulations to follow for safe innovation while protecting your creations.
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