Protecting fashion- its cool to rely on unregistered designs
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This right confers automatic protection for three years from
the date on which the design is first made available to the public
within the EU. Its free, automatic and gives
the owner the exclusive right to use the design.
No-one can deliberate copy it. Three years is perfect.
You should be aware of the following:
A design protects "the appearance of the whole or a
part of a product resulting from the features of, in particular, the
lines, contours, colours, shape, texture and/or materials of the
product itself and/or its ornamentation".
Your design must be NEW and have INDIVIDUAL CHARACTER. The
former means that there must not be any identical
design which has been made available to the public. Designs
are identical "if their features differ only in immaterial details" -
see Article 5.
The latter means that a design will 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" before the filing or priority
date, in the case of a registered Community design or before the date
on which the design has first been made available to the public, in the
case of an unregistered Community design - see Article 6.
The assessment as to whether a design has individual character
should be based on whether the overall impression produced on an
informed user viewing the design clearly differs from that produced on
him by the existing design, considering: the nature of the product to
which the design is applied or in which it is incorporated; the
industrial sector to which the product belongs; and the degree of
freedom of the designer in developing the design.
So the fashion world is ephermal! No need to spend silly money
- rely on your unregistered rights.
Written by Michael Coyle
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
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Article Published/Sorted/Amended on Scopulus 2014-09-12 09:06:39 in Legal Articles