A recent decision holds that a design is not original if, according to the general impression it conveys, it is all but equal to another design already existing.
Novelty is a condition for protection defined through Article 2 of the Law on Designs : « A design lacks novelty if an identical design, potentially known to specialists in the sector, was publicly disclosed prior to the date of filing or the priority date ».
No novelty – no Design
The following cannot be protected :
Ideas and concepts
A form entirely conditioned through technical requirements
A design violating Federal Laws or International Treaties
A design contrary to Public Order or Propriety
Acquisition of Title
Defining the Protection Strategy
The Design filing must be entered prior to any first disclosure of the design, under pain of irretrievably losing its novelty.
Further, in order to sensibly frame the territory of protection, a prior definition of where your product will be commercialised or produced is of utmost importance.
We are at your disposal to find out the best strategy attuned to your needs.
The fee schedules vary according to the countries in which you claim protection. We are at your disposal for a cost estimate in due course.
Elaboration of Design representations
If necessary we provide state-of-the-art representations of your Design satisfying the highest quality requirements.
Conduct of the filing procedure until the grant of title
We take care of the entire procedure, from the filing to the delivery of the Design Certificate.
Preservation of Title
Maintenance and follow-up of the Portfolio, Terms of Expiry, Prolongation, Payment of Maintenance Fees
We have the skills and a network of agents capable of entirely taking care of your design portfolio. We shall inform you at the appropriate time of any formality or measure necessary to maintain your protection.
Registering modifications: Name change, Address, Transfer, License, Pledge
Keeping your rights « up-to-date » is important. Thus, the Registry must keep track of modifications regarding ownership, transfers or the licensing of the design. It is our job as design agents to oversee the latter.
Valuation and Conservatory Measures
Drafting and review of contracts: Licence, Sale and Assignment
Your design may be interesting to your partners. We strongly advise you to formalise relations with third parties using your product. We are at your disposal for the drafting of documents or Agreements proper to value your designs and avoid future complications.
Actions against Counterfeit, Piracy and Imitation, Customs Control
The Design Certificate will facilitate the enforcement of your rights against offenders and the scrutiny of Customs.
We take care of these procedures and secure the necessary follow-up.