Design law text
The drawing or design of products with a functional use can be protected by a design registration. A design must be new and have an individual character. Hortis Legal conducts design searches and registers your design in the Benelux, European Union and, internationally.
The benefits of design protection
Your unique design is registered in a certain areaProhibition against copying your design (there must be substantial differences)Use of the design without your consent is prohibitedProtection term of 5 years with a maximum of 25 yearsFiling is required in the Benelux in any case in order to obtain protectionA design can be a valuable asset
Whether you have a large company, are a starting entrepreneur, or are an freelance designer, you have to protect the exclusivity of your designs which are the result of your financial and creative efforts, so that they cannot be copied by others. By registering your designs, you can act against infringers and can object towards the "use" of a creation in which the design is incorporated or to which the design has been applied and has the same external appearance as the filed design.
Moreover, a design can be a valuable asset of property. Design rights can be transferred (sold) or pledged to the bank as part of the assets of your company. You can grant a licence to someone who wants to use your design. In short, your design is a tradable right, which can have considerable value.
There are all kinds of practical and legal issues and questions with regard to the most optimal possible protection of your designs. What creations can be protected as a design? Is the design new and does it have an individual character, etc.. The protection of designs is an area of expertise.
Hortis Legal would be delighted to advise you about the possibilities of registering a design. If you would like more information, please feel free to contact us directly or request a no-obligation quote.
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