Design law protects the appearance of products: their shape, lines, textures, ornamentation, and more. In many industries (including furniture, interior design, fashion, packaging, automotive, electronics, cosmetics, and consumer goods), a product’s visual appearance is what immediately sets it apart from competitors and creates a connection with consumers and users. Designs are intended to protect that appearance, and they are often just as strategic as a patent or a trademark.
Practical issues arise at every stage.
- Does my design meet the requirements for protection?
- Can it also benefit from copyright protection?
- What filing strategy should I choose to effectively cover my variations and product line developments, in France and abroad?
- Is the modification made by a competitor to my design sufficient to avoid infringement?
- How can evidence of infringement be established, and what emergency procedures can be used to stop an infringement quickly?
In design matters, there are many pitfalls:
- premature disclosure of the design on social media or at a trade fair before any filing, which destroys novelty;
- a filing that covers only the finished product, without protecting variants that may later be marketed;
- a transfer of rights that is overlooked or poorly framed in the context of an order placed with a service provider;
- an infringement action brought without a prior strategy to counter a counterclaim for invalidity of one’s own rights;
- or relying on an unregistered Community design without having implemented a robust evidence preservation policy to prove the date and circumstances of its first disclosure to the public.
Our lawyers assist you in both advisory and litigation matters, whether you are bringing a claim or defending one.
On the advisory side, we develop filing and protection strategies that are consistent with your operational and financial constraints. We also assist with drafting and negotiating various agreements (including licence, assignment, and supply agreements).
In litigation, we represent you in infringement seizure proceedings, interim relief proceedings, infringement and invalidity actions, customs procedures, before the French courts and the relevant authorities.