Requirements for drawings and models
Design legislation, including the BCIP (Benelux Convention on Intellectual Property), has two requirements that a drawing and a design must meet. In order to obtain the rights to your drawing or model, the product must be new and have its own character. Fortunately, the novelty requirement is not as strict as with patents. The design right can be applied for up to 1 year after the first public publication.
Infringement of design rights?
Infringement of a design right is of course not allowed. The artikel 3.16 of the BCIP concerns the scope of protection of a design right and states the following:
“Without prejudice to the application of general law regarding liability in tort, the holder of a drawing or design may, on the basis of his exclusive right, oppose the use of a product in which the drawing or design is incorporated or on which the drawing or design is design has been applied and which has the same appearance as the filed drawing or design, or which does not give the informed user a different overall impression, taking into account the degree of freedom of the designer in the development of the drawing or design.”
Would you like to know more about the design rights Rates?
Inaday thinks along with you and advises you within one day about design protection for your product. Design rights are applied for per country or per cluster of countries (such as the Benelux or the European Union). It is possible for models to include multiple models in 1 application at an expiry rate. Do you not know which design rights costs suit you or do you have any questions about design rights costs? Then contact us.
Contact us without any obligation
Frank BoumanTrademark and Design Attorney
Jetske ZandbergTrademark and Design Attorney
Wiepie van den BergTrademark and Design Attorney
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