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Protecting fashion- its cool to rely on unregistered designs

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Lawdit Solicitors - Expert Author

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Written on 30 August 2014

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

Lawdit 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 Designers Association.



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Article Published/Sorted/Amended on Scopulus 2014-09-12 09:06:39 in Legal Articles

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