What is design right?
In addition to the technical protection of a newly developed product itself, you can also have the shape and design of your product recorded. This gives you an exclusive right to use that design. With a design right, others may not market the same design or a similar design without your permission. It is an exclusive right that is reflected for the Benelux in the BCIP: Benelux Convention on Intellectual Property. With this right you protect the appearance of a product or drawing of a product to be developed, in fact it protects the design.
What can you protect?
Design rights allow you to protect all matters that give your product its own identity. It not only includes the design of the physical product, but also, for example, logos, patterns for fabrics, game boards, cards and prints on T-shirts. From simple designs to complex highlights, you can apply for design rights for everything that is important to you to protect. The rights only apply to the appearance of a product, the technical operation is not covered by this, but by patent law (or patent law). Inaday is also the partner for you for this: read more about patent law here.
Where does a design right apply?
In general, we recommend that you protect the design in the country where you are located and where your main markets are. In consultation with you, we will draw up optimal country coverage for your design rights, including the associated registration route. Of course we are fully aware of the ins and outs of each route, so that we can offer you the best design protection.
Violation of or infringement of your design right
An infringement occurs when a drawing or design has the same appearance as the protected design or gives the same general impression. In the event of a violation of or infringement of design rights, a judge will assess whether it has actually been violated based on the requirements of the BCIP. Any case of similar design will have to be assessed on its own merits. Inaday can advise you on these types of questions in one day, to advise you about your chances in court.
What are the costs?
The costs differ depending on your wishes, the countries in which design rights must be applied for. Read more about the costs here
Costs vary by region. Many of our customers choose to immediately apply for the rights for the European Union. Design protection in the European Union costs € 975, including the costs of a design or trademark attorney. In countries outside the European Union, design rights are governed by national law, so the costs for this vary per country.
How long is a design right valid?
In Europe, there is a maximum protection period of 25 years, whereby you can obtain protection for a period of 5 years each time. We will of course always inform you well in advance of the imminent expiry of each term.
Even after the period has expired, you can in some cases still receive protection for the design through copyright or trademark law. Inaday has all the expertise in-house to be able to advise and guide you optimally.
Apply for / register design rights
Inaday advises you within one day about design protection for your product. When the application is actually made, a deposit is submitted which is checked against the requirements of the implementing regulations. If these requirements are met, the right will be registered and your design will be protected. Inaday provides advice within 24 hours and immediately arranges protection of your design right after your agreement.
Not registered design right
Registering your design rights is the surest way to protect your product or design. However, if this has not been done for some reason, there is also such a thing as an unregistered design right.
An unregistered Union design arises when a drawing or model is made available to the public. From the moment of publication, your drawing or design is in principle protected for three years under a non-registered EU design.
Have you not applied for rights for your drawing or design, but still feel that your rights have been affected under the unregistered EU design? Please contact us directly and we will see what we can do for you.
Transferring design rights
The rights of your design can be transferred if necessary. As stipulated in the BCIP, a deed is required for this. We can prepare this for you. This deed for the transfer of your rights does not have to be notarized, but if you wish to be sure, you can also simply contact Inaday.
Want to know more?
Do you have any questions about design protection and / or do you want to protect or register your product design immediately? Then contact us.