INDUSTRIAL DESIGNS OR DRAWINGS

WHAT ?

The new appearance or aspect of a product or part of a product, mass-produced or hand-crafted, which is conferred in particular by the characteristics of the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation. The aspect may be two-dimensional (a design on soft furnishings, a logo) or three-dimensional (the shape of a car, a mobile phone, a couch, a carafe).

WHY SHOULD YOU PROTECT YOUR DRAWING OR DESIGN ?

  • In order to have the exclusive right to use the design in the territory concerned (Benelux, European Union, other countries)
  • In order to create lines of exclusive products which carry the designer's stamp
  • In order to generate income through the granting of licences to third parties
  • In order to create an image, an identity around your product or service

HOW SHOULD YOU PROTECT YOUR DRAWING OR DESIGN ?

  • First step: Examining availability
    Has the drawing or design already been registered or disclosed by a third party and is it already known in specialist circles of the European Economic Area? Does it differ from the known versions in more than just details? Does it give an impression of "deja vu?" Is it a copy, even a partial copy, of an earlier design ?
  • Second step: Deciding on a strategy
    If the drawing or design seems to be available, must a drawing or design be registered in the Benelux countries or the European Union or should one opt for copyright or an unregistered design in the European Union? Which territories should be covered? Which products should be covered? Who is the holder? Should publication be deferred ?
  • Third step: Implementing the strategy
    Depending on what has been decided, filing the application with the official authorities.

 

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WHAT CAN KIRKPATRICK DO ?

  • Carry out availability and use searches and analyse them
  • Work out a protection strategy together
  • Represent you through all the procedures from application to registration of your drawings or designs and keep them in force
  • Draw up a file together to help you prove your creation (definite date), discourage copiers, help to prove cases of pirating
  • Act on your behalf in the event of infringement (proceedings or negotiations)
  • Draw up and negotiate licensing, distribution agreements etc. and carry out the registration procedures
  • Translate any documents which generally relate to your drawings or designs