Protecting your Design Internationally
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When compared to trade mark registration, there is much less uniformity to
protecting designs internationally. Therefore if you think there is a chance
that you may want to use your design outside of Europe, it is important to try
and plan for this up front. This is because the requirements for design
registration, in for example the other main English speaking countries are
stricter than is required under the European Design System.
The main problem here is that like patents, the disclosure of a design is not
limited to the country in which this takes place. Therefore disclosure in one
country can defeat the novelty required to register the design in another
The main difference in design systems is that most countries do not allow a
design to be disclosed prior to an application for registration being made.
Whereas in Europe a 12 month grace period is allowed for testing. However this
additional requirement may have another impact which may not at first be
obvious. This is the fact that even if you register in Europe straight away
without using the grace period, this registration can in fact also defeat
registration in other countries. This is because as part of the European
registration process the design will be published, unless the applicant requests
upfront that this even be deferred to allow other registrations to proceed.
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 2007-05-31 21:30:55 in Legal Articles