"A design shall be protected by a community design to the extent that it is new and has individual character."
(Article 4 (1) CDR)
Design applications serve to protect designs. With a design application, the designer or his successor in title may claim protection for one or more two-dimensional or three-dimensional designs by filing at least one representation of the design.
Essential requirements for protection are that the design is new and has individual character. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public.
From the time of registration of the registered design, the owner has the right to exclude others from using designs, which do not produce a different overall impression on an informed user. The owner of the design also may demand damages for infringement or grant licences related to the design. The maximum period of protection of a registered design is 25 years from the filing date on.
RHP provides legal advise to clients in all matters of prosecution, maintenance, defense, attack and infringement of national, European and international designs.
Conditions of protection: Novelty, individual character
Possible countries: Worldwide
For Germany: German Designs, International Designs, European Community Designs
Priority deadline: 6 months
Grace period: 12 months
Registration: After formal examination
Legal remedies: Invalidity procedure
Protection: Registered designs: against any use, such as producing, importing, owning, offering and placing on the market
Maximum lifetime: 25 years after the filing date