Does a deposit guarantee the validity of the protection?
No. The registration does not exempt from examining the conditions of protection and prior creations. INPI does not check the novelty at the time of filing; a title can then be contested.
Drillon Avocat · Strasbourg & Alsace
Design rights lawyer in Strasbourg
The shape of a product, package or pattern can help distinguish your activity. Sébastien Drillon accompanies you to examine the protection of your creations, prepare their deposit and organize their exploitation.
In Based in Strasbourg, serving Alsace, the firm advises companies and creators before a launch, when working together or in the face of a contested copy.
Sébastien DrillonLawyer at the Strasbourg BarDoctor of Law
Protect the appearance of your products
The law of designs concerns the appearance of a product or part thereof: lines, contours, shapes, colours, textures or ornamentation. It may include furniture, accessories, packaging and graphic motifs.
Identify what can be protected
The analysis focuses on the novelty and distinctiveness of the creation, the elements already disclosed and the characteristics whose protection is sought. The characteristics imposed exclusively by the technical function require special analysis.
Articulating different rights
A product may raise several issues: appearance, trade name, graphic creation or technical innovation. The firm examines relevant protections and their respective conditions, as well as contracts with creators.
Support in intellectual propertyPrepare protection before launch
01 · EXAMINATE
Creation, rights and timetable
The firm examines the authors of the project, existing agreements and possible public presentations. A publication on social media, a catalogue or a fair must be taken into account in the calendar.
02 · DEFINITE
Territories and representations
France or the European Union: the choice depends on your activity and the markets concerned. The views of the product shall identify the characteristics to be protected; their preparation shall contribute to the definition of the deposit.
03 · ORGANIZE
Deposit and monitoring of rights
The firm will assist you in the preparation of the deposit, the necessary exchanges and the organisation of the follow-up. The scope of the mission is defined with you according to the creations concerned and your calendar.
Framework collaborations and exploitation
The use of a designer, agency or manufacturer requires specifying the rights of each. The firm examines the terms of assignment, license, confidentiality and terms of re-use of creations.
A licence or assignment may organize authorized uses, territories, duration and remuneration. The analysis takes into account the documents already signed and the expected developments for the product.
Copyright and exploitation contractsUseful documents to present your project
- Creation: drawings, photographs, renderings and variations of the product.
- Timeline: dates of design, publication, presentation and marketing.
- Stakeholders: identity of creators and contracts with agencies, suppliers or manufacturers.
- Objectives: target markets, planned launch and operating methods.
- In case of dispute: Titles invoked, letters received, page addresses and comparison elements.
Frequently asked questions about designs
What difference with a brand?
The mark identifies the commercial origin of the goods or services; the designs concern their appearance. Such protections may be complementary, subject to their own conditions.
Is protection possible without registration?
European Union law provides for protection of unregistered designs under certain conditions of disclosure and for a limited period of time. Its scope differs from that of a registered title. Timeline and evidence of disclosure are critical.
Should we consult before a living room or online?
It is best to anticipate this exchange. The firm may examine the relationship between the presentation of the product, its confidentiality and the proposed protection procedures.
Official references for your project
See protection conditions presented by INPI, stage of filing and EUIPO information on unregistered models.
A design to protect or a dispute to consider?
Present your creation, goals and deadlines to the firm.
Exchange on your designs