There are a number of different forms of design right protection. Registered design protection is available for the outward appearance or ornamentation of the whole or a part of a product. This includes complex products (which are made of multiple parts), packaging, setup, graphic symbols or icons. Registered design protection is available for “new” products which have “individual character”.
Registered designs are a low cost and effective form or protection for products. Registered designs can last for up to 25 years, subject to them being renewed, and give the owner exclusive rights to prevent others making substantially similar products. Design Right, or unregistered designs, fall into one of two categories – national or Community.
We provide advice to our clients on the scope of third party design rights and whether products created by you are entitled to such design right protection and which forms.
– Advisory services;
– Searches and clearance studies;
– Protection of Design rights throughout the world (where required in close cooperation with foreign colleagues;
– Representation before the EU Trademark Office, WIPO, and INPI in registration and related procedures such as oppositions;
– Design portfolio management;
– Maintaining and enforcing Design rights: infringement and validity opinions as well as coordination and substantive counsel in disputes and litigation.