design

Question 1

what is a design?

Answer 1

the appearance of the whole, or part, of a product resulting from its features

Question 2

requirements of a design

Question 3

three options for registering a design (3)

what if you don’t?

Answer 3

1. national registration: protection limited to the country
2. international registration (HAGUE), 79 countries EU/UK/US/JAPAN
3. Community design (EU covered)

if registered, protection lasts UP TO 25 YEARS, if not, 3 years automatic protection since when made publis

Question 4

what does the application for registering a community design at the EUIPO

MUST (4) and MAY (2) include?

Answer 4

must:

1. name and address of applicant
2. representation of the design
3. indicate the type of product your design is used for (LOCARNO classification)
4. payment of fees

MAY

1. description of the design
2. request for DEFERMENT of PUBLICATION (up to 30 months)

Question 5

the LOCARNO classification

Answer 5

useful for indicating the type of product the design is used for:

1. only one class per design
2. used for search and administrative purposes
3. UNLIKE TRADEMARKS, appearence is protected, NOT PRODUCT TYPE

!!!!!!!!!!! it is infringed by using the design on ANY PRODUCT

Question 6

INTERNATIONAL protection: the HAGUE SYSTEM

Answer 6

1. a single APPLICATION
2. PROTECTION under the laws of the CONTRACTING PARTY
3. invalidity in one does not affect others

Question 7

registering a COMMUNITY design (5)

Answer 7

1. graphic or photographic representation (max 7)
2. examination: EUIPO only check formalities (unlike patent and TM offices) like:

• meeting the definition of a design
• not contrary to public morality

3. publication: once accepted, the design is published (can ask 30months deferment of publication)
4. opposition/invalidity: ONLY AFTER OTHERS CAN CHALLENGE IT (unlike TM)
5. REQUIREMENTS:

-protectable (not belonging to exclusions)

-new (no IDENTICAL
design, checking with the “design corpus”)

-individual character: different impression on the informed user (considering the degree of freedom of the designer)

-visible

-not against earlier IP rights (trademarks, copyright, existing designs)

Question 8

exclusions of protectable designs

Answer 8

1. only dictated by technical functions (no aesthetic consideration)
2. necessary designs for mechanical connections (plug)
3. designs contrary to morality