Protection by designs
Importance is currently attached not only to the useful function of a product, but also to its design, which is at least as important. An original design contributes to the positive image of a product. It is therefore very important to protect the appearance of the product, so that you, as a designer or right holder, acquire an exclusive right to this design.
Design protection by Arnold & Siedsma
The service provision covers the entire lifetime of a design, in other words from the creation of the design 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.
Design protection anywhere in the world
Through our extensive international network, we can take the required actions for you in any country, anywhere in the world. Arnold & Siedsma will be pleased to work with you to devise the correct strategy to achieve the best possible protection for your designs.
What is a design?
The appearance of a product (three-dimensional) or drawing/pattern (two-dimensional) can be protected as a design. This always involves the appearance of a specific product or a specific drawing, not the protection of an idea.
Design registration: important aspects to consider
The appearance of a product or drawing can be protected as a design. Important aspects to consider by obtaining a design registration:
A prerequisite for design protection is that the design and therefore the appearance must be novel (has not yet been brought into the public domain) and must differ from anything that is already on the market (it must have an individual character). If the object has not only a new appearance but also a technical effect, patent protection can possibly be recommended. Design law therefore protects a different aspect compared with patent law and it is therefore possible for both design and patent protection to be requested for a specific product.
A design can be protected worldwide if that is what you require. Although the procedures for design registrations are not always identical in the different countries, the ultimate aim is the same, i.e. to obtain an exclusive right to your design in a geographical area that is of interest to you (the Benelux, Europe or countries outside Europe).
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 protection claim. Clear illustrations are therefore of vital importance.
Term of protection
For most countries, a design registration has a maximum term of protection of 25 years, provided that the renewal of the design registration is arranged in a timely manner every 5 years from the filing date of the design application.