DESIGNS
Below you will find answers to some of the most frequently asked questions relating to designs.
Do not hesitate to contact our offices if you have further questions.
A design is the appearance of a product or part thereof. Designs are associated with the appearance of two or three-dimensional objects, such as furniture, packaging, logos, etc.
As is the case with copyright, the designer is deemed to be the owner of the design. Exceptions are those designs made while employed by a third party. In that case the employer is usually considered to be the designer.
The exclusive right to a design is obtained by registration. An applicant who has not produced the design may be granted protection by means of filing. However, if the applicant files without the permission of the actual designer, the latter has the right to demand ownership of the design registration within a five year period.
To be registered a design must be new and have its own, individual, character. However, the design must be registered with the Benelux Office for Intellectual Property in order to gain protection from third parties by virtue of design right.
Unregistered designs do enjoy some protection in the European Union. Most specifically, unregistered designs enjoy protection against slavish imitation for 3 years since it's been disclosed to the public. The design does need to be new though and have its own individual character.
The registered design must be new; in other words, no other, prior, identical, designs should have been made available to the public.
Designs are considered identical if they only differ slightly. An application for design registration can be filed within a period of one year after it's been disclosed to the public (grace period).
For a design to have individual character, the general appearance of the design must differ from the general appearance of other designs already available to the public.
Your design must be registered with the Benelux Office for Intellectual Property in order to invoke protection by virtue of design rights.
The exception to this rule is the limited protection granted by the European Community to unregistered community designs.
A Benelux registration is initially valid for five years and can be renewed for subsequent periods of five years up to a maximum of 25 years.
Each country has its own laws governing design registration. For protection outside the Benelux, the design owner should register the design in each of the countries where protection is required. However, it is also possible, as is the case with trademark registration, to apply for protection for a group of countries with a single application through the European or International registration system. Novagraaf can assist you with your national and international design registrations.
Yes, a design can be the subject of a license.
A single design consists of one design. This means that the item comprises either one single element or a number of separate elements that are inextricably bound together for their designated use or are generally held in a holder as one unit.
A multiple application consists of a number of different designs, up to a maximum of 50, in the same product category. It is not possible to add a design to a multiple design at a later stage.
Design right can exist alongside copyright and trade mark rights.
