Industrial design –Filing and international extensions
The assistance of an Intellectual Property Attorneys from BRANDON IP will enable you to secure the filing of your industrial designs in France or in the European Union, and also to extend them on an international scale if necessary.
We can provide you with our experience and our knowledge of legal rules and case-law, which we update regularly.
Article L.511-1 of the intellectual property code states that: “The protection of an industrial design covers the appearance of a product, or a part of a product, particularly characterised by its lines, contours, colours, shape, texture or materials. These characteristics may be those of the product itself or of its ornamentation. A product refers to any industrial or hand-crafted object, particularly parts designed to be assembled into a complex product, packaging, presentations, graphical symbols and typographic characters, with the exclusion of computer programs.”
These industrial designs must be new, apparent and have an individual character, in order to be able to claim legal protection.
It must be new, i.e. an industrial design must not be identical to an industrial design disclosed to the public prior to the date of filing of the application.
The industrial design has an individual character when the visual impression of the whole that is granted to an informed observer differs from the one produced by any other disclosed industrial design.
In France, the national filing is carried out at the French Office (INPI). The European filing is carried out at the EUIPO. A European filing automatically covers the 28 countries of the European Union, if carried out before the Brexit date.
For this, it is necessary to carefully choose the views that will be filed in order to obtain the best possible protection.
The protection lasts in principle for a duration of 5 years, renewable in periods of 5 years up to a maximum period of 25 years.
After an initial filing in France or the European Union, it is possible to extend your industrial design protection internationally, or to file national industrial designs in countries that are not members of the Hague convention.