Designright

Drawing and design rights protect design of 2- or 3-dimensional objects. For example, the pattern on wallpaper, textiles or design of household appliances such as an alarm clock, toy or chair. To get protection, a drawing or design must be registered. 

 

Designing new products is very common in applied research. The external features of these products can be protected with design rights. This deals with the lines, colours, and shapes of the design. The owner of a design right can prohibit others from using the design. Incidentally, externals can also be protected under copyright law, about which more under Copyright.

Designright by law

(This section is translated from Auteurswet - Dutch only)

 

Article 3.1 of the BTIP (Benelux Convention on Intellectual Property) states that a new and unique appearance of a product can be protected as a drawing or design. This is similar to the requirements for patent law and copyright law. A design right arises when the design is registered with the Benelux Office for Intellectual Property.

Model right application roadmap

Registration with BOIP provides protection in Belgium, the Netherlands and Luxembourg.

 

Model right application roadmap:

 

  1. Check whether your model is new and has its own character.
    1. Search the BOIP Designs Register to see if an identical or very similar design has already been published;
    2. Search trade literature, magazines and the internet to see if an identical or very similar design already exists.
  1. Choose where to protect your design
    1. Register your design online in the Benelux;
    2. Register your design outside the Benelux.
  1. Check the formal requirements
    1. Use images that clearly show the distinctive features of your model's appearance. These will determine the final protection of your model. It may also be advisable to submit images with different views of the model, such as the top or side. You must include at least one image with your application. This should be a general, front or perspective view.
    2. Indicate clearly in your application what the design is (so-called end-product), preferably using wording according to the International Classification of Locarno. For this, you can use the search function in the application form.
    3. Indicate the name of the depositor (person or company).
    4. The design must not be contrary to public order and morality.
    5. If applicable to you, request a suspension of publication of your design when you apply for registration.
  1. Apply for your design registration
    1. Create a BOIP account;
    2. Go to design registration.

Designright outside the Benelux

Protection outside the Benelux is also possible. This is recommended if you plan to market goods outside the Benelux. 

Various options exist for protection outside the Benelux: National design, Community design (EU) or International design.  Each has specific advantages and disadvantages. Registration is required in some cases, but not in others.

 

 

Community design

A Community design provides protection in all (currently 27) countries of the European Union. There are two types of Community designs: registered Community designs and unregistered Community designs. Both are governed by Council Regulation 6/2002 on Community Designs (the Community Designs Regulation). Community designs, like Benelux designs, must be new and have individual character.

 

International design

The Hague Convention regulates the international registration of designs. Benelux is a party to this international convention. Nationals of member states can obtain protection in the countries party to the Agreement through an international application.

You file the international application directly with the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland.

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