“The elements that may be protected as designs or models include the appearance of a product, or part of a product, characterized in particular by its lines, contours, colors, form, texture or materials. These characteristics may be those of the product itself or its ornamentation” (Article L511-1, par. 1 of the French Intellectual Property Code).
The form and colors of products have become key values which are determining factors in the purchasing decision.
Designs have thus found a prominent place in market conquest strategy, often on the same footing as the innovative character of the products.
The products thus stand out through an attractive form, a color or a logo.
Thus, the protection of the apparent character (exterior / aspect) of the products is now at the heart of any intangible asset protection and defense strategy. When registered by their holders, designs and models form part of an efficient protection strategy.
Filing and registration of designs and models
A registration request may be filed for any product design or model, provided it its new and has a distinctive character with respect to existing products.
In most cases, this protection is combined with that granted by copyright, at least in France.
How do you apply for registration of a form?
A 3-dimensional product form can usually be protected through the filing of 7 different views of the product (photographs, industrial drawings, electronic drawings, etc.).
Can all forms be protected in this way?
Certain forms are excluded from protection. The VIDON Group has vast expertise to help you in the selection of the views, in order to optimize your protection in France and worldwide.
In effect, protection through designs and models is certainly the least harmonized form of protection on a global scale. Consequently, it is essential to anticipate appropriation strategies in order to keep the benefit of absolute novelty, which is still required in certain countries (such as China).
In the face of such complexity (protection combined with copyright, lack of international harmonization of protection conditions), the VIDON Group provides its clients with the expertise of its experienced staff.
Defense of designs and models
The VIDON Group has also built a solid reputation for the defense of its clients’ design and model copyrights worldwide against infringements.
The VIDON Group systematically looks into the various possibilities in terms of legal proceedings and extrajudicial actions (complaints lodged with the specific bodies concerned, including administrative offices, for example in China; detention under customs control, etc.) to determine the most appropriate action, in the best interest of its clients.