Designs

Since September 2006 Design law has been incorporated in the Benelux Convention on Intellectual Property (trademarks and designs). Until then the Uniform Benelux Act on Designs and Models had been in force.

Until the end of 2003 a “utility” purpose was required for legal protection of a design. Nowadays the “only” condition for the protection is that there must be novelty and an own character involved. Since then it is also possible to claim protection for purely decorative objects.

Duration
Filed designs enjoy protection for the duration of 5 years from the date of filing at the Benelux Office for Intellectual Property.

Types of registrations
In addition to a Benelux design one could opt for filing a design as a Community design. A Community design enjoys protection in all countries of the European Community. A design can also claim protection before it is filed. This protection is, however, only valid for 3 years from the moment that the model concerned was first made available to the public within the European Community.

Both the Benelux and the (un)registered Community design provide the registrant with the right to act against infringers. The possibility to act against a unregistered Community design is, however, only limited to actions where it concerns imitation of the model.

Novelty and own character
“New” means that at the moment of filing/making available to the public there is no (virtually) identical model available. As far as the “own character” is concerned it is about the “user” gets a different general impression of the object compared to older models when he sees the object.

Having protection on the ground of Design law does not mean you cannot have protection based on copyright. The entitled person is hence free to claim several forms of intellectual property protection.

The lawyers of Fruytier Lawyers in Business will be able to assist you at determining the proper way of protecting your products and creations. They can also help you to have your product filed in an adequate way. They are also experienced in litigating about and the marketing of your product.

Please contact Mr. M.N. van Hasselt via mvanhasselt@flib.nl or Mrs. N.Y. Wong via nwong@flib.nl for questions and/or advice about this subject.

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