Arnold + Siedsma provides a broad range of services in the intellectual property domain. An overview is presented here of a number of the services which relate to all aspects of design law.
The service provision covers the entire lifetime of a design, in other words from the creation of the design through to the registration and defence of your design rights. It therefore includes advice on the protection options, availability searches, registration of the design, compliance with the registration procedures with the aim of obtaining the exclusive right to the model, defence of your design rights and also monitoring of designs or design portfolios, taking of actions against use or registrations of third parties, and also the maintenance and management of your design portfolio.
Through our extensive international network, we can take the required actions for you in any country, anywhere in the world. Furthermore, we are the editor-in-chief of the Manual of Intellectual Property (international manual for the protection of, for example, designs on a worldwide scale) and therefore have access to the latest information on the protection of designs and all related aspects in the widest possible range of countries.
Advice on your designs
As a consequence of the specific regulation governing the protection of designs, many questions need to be answered prior to the filing of a design, such as what will you protect and how and where will you protect the design. In addition, different options are available for some countries for esta ... Read more
The illustrations of the model perform a very important function in determining the scope of protection of designs, and therefore also in the event of conflict. All characteristic external features must be visible on the drawing or photo of the design, otherwise they do not form part of the protec ... Read more
Filing a design
The only way to obtain an exclusive right for your design is to file and definitively register it. Arnold + Siedsma is involved on a daily basis with the filing of designs for its clients with the official body or bodies designated for that purpose. It also maintains regular contact with these off ... Read more
Compliance with the registration procedure
Procedures for obtaining and maintaining design protection are bound up with formalities defined in the form of a large number of rules and deadlines. Failure to comply with these rules or meet these deadlines may cause your design application to lapse. Knowledge of these procedures with their for ... Read more
For most countries, design registrations have a maximum protection term of 25 years, which is divided up into five periods of five years. Renewal fees must therefore be paid every 5 years in order to extend the term of protection of the registered design. If a design registration is not renewed i ... Read more
If the appearance of products leaves a similar general impression, an infringement of design rights and therefore a conflict may have arisen. This unwanted use may result in loss of revenue and must therefore be stopped as quickly as possible. A number of actions are possible, depending on the sp ... Read more
Nullification proceedings are concerned with the declaration of invalidity of a design registration. The view is held that the protection should never have been granted for reasons relating to the design itself. This may involve, for example, a design that was not novel at the time of filing, or a ... Read more