Registered Designs

Membership of International Conventions:

  • Paris Union (from 13 May 2002)
  • WIPO (from 13 May 2002)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

An industrial design shall be new if it has not been made available to the public through concrete publication, usage or any other means anywhere in the world, prior to the date of its filing or, where applicable, prior to the date of validly claimed priority.

An industrial design shall not be deemed to have been made available to the public solely by reason of the fact that, within the period of twelve months preceding its date of filing, it appeared for the first time in an official or officially recognised international exhibition, organised on the territory of one of the countries of the International Union for the Protection of Industrial Property.

The design or model of a part of a complex product shall only be considered new and to present an individual character to the extent that:

  • The component part, once it has been incorporated in the complex product, remains visible during normal use of the product by the end user, excluding maintenance, servicing or repair work;
  • Those visible features of the component part fulfill in themselves the requirements as to novelty and individual character.

A product composed of multiple components which can be replaced shall be considered a complex product.

Registrability:

A design is any combination of lines or colours and, as an industrial design, any three-dimensional form, whether or not associated with lines or colours, provided that such combination or form gives a special appearance to a product of industry or handicraft and can serve as a model for the manufacture of a product of industry or handicraft.

The industrial design must differ from similar designs either through a separate, recognisable configuration giving it a character of novelty, or through one or more external aspects giving it a specific and new appearance.

A single application may relate to up to one hundred industrial designs, provided that the industrial designs are intended to be incorporated in objects arranged in the same class of the amended 1968 Locarno Agreement Establishing an International Classification for Industrial Designs.

Design protection may not be obtained for designs which are contrary to morality or public order as well as industrial designs reproducing acronyms, denominations, decorations, emblems and currencies, unless the competent authorities have authorised their use.

Designs consisting exclusively of the characteristics imposed by their technical function shall not benefit from design protection.

Registering a design shall not give rise to rights in features of the appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or in contact with another product so that either product may perform its function.

Registering a design shall not give rise to rights in the features of the appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be assembled on another product so that the other product may regain or retain its original appearance.

Filing Requirements:

  • Power of Attorney (simply signed) (can be late filed).
  • Graphic or photographic reproductions of the design (required on the day of filing).
  • The title in French of the product or products which constitute the industrial design or in relation to which the industrial design is to be used.
  • An indication in French whether the product or products constitute the industrial design or are products in relation to which the industrial design is to be used.
  • Certified copy of priority document with verified French translation, if priority claimed (can be late filed within three months from filing).
  • Assignment (can be late filed).

Substantive Examination:

Yes, but limited.

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for late payment of renewal fees.

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