Cabinet Moutard chemistry computer science consulting design industry  
  FRANCAIS | HOME | SITEMAP Cabinet Moutard  
    INDUSTRIAL PROPERTY ATTORNEYS
     

Our areas of expertise

   
 
    -
    -
    -
    -
    -
    -
    -
    -
    -
    -
 
 
 
 
 
 
 

Designs & Models

A design or model right protects the appearance of industrial creations, i.e. their esthetics, whether two-dimensional (design) or three-dimensional (model).

In France, the law establishes the unity of art principle. As a result, any creation can be protected cumulatively by copyright and/or by the law on designs and models. It should be noted that the cumulative rule is not very applicable abroad, laws distinguishing between protection by copyright (pure art) and by design and model (applied art). Some countries even provide protection close to that of a patent (patent design).

Given the complexity of the subject, which does not come down to a simple administrative filing formality with Offices in France and abroad, protection for your creation must be handled by professionals. As a specialist, our role is to advise you to ensure optimal protection of your creation in France and abroad, thanks to the following services:

  • Validity of a creation: our experience allows us to perform an in-depth legal analysis in order to verify that your creation meets the legal conditions, which vary by country (e.g. absolute novelty, unique nature, exclusion of a creation whose appearance is exclusively imposed by the technical function of the product). In particular, we perform priority searches in order to ensure that your creation does not violate third parties' rights;
  • Filing: we advise you, according to your project, on the type of filing to perform (interest of a design/model filing, deferment of publication...) and the issue of entitlement to the right. In case of protection abroad, we present the different possible options to you (filing within the priority period), along with their advantages and disadvantages in legal, marketing and financial terms (community design/model, international design/model or national filings);
  • Registration procedure for your design/model in France and abroad: we answer the official letters issued by the different Offices in order to obtain registration of your design or model. To this end, we rely on a network of correspondents covering every foreign country;
  • Contracts: negotiation, writing or revision of your contracts (licenses, transfer...) which require very special attention given the complexity of the subject matter concerning the different operating rights resulting from it;
  • Defence of your interests, whether as claimant or respondent:
      - design/model or copyright infringement lawsuit, unfair competition lawsuit, parasitic actions lawsuit, nullity lawsuit;
      - implementation of specific procedures: seizure, bailiff report, customs confiscation;
  • Management of your design/model portfolio, in particular reminder to renew your designs/models.
   
   
Cabinet Moutard | 35 rue de la Paroisse, 78000 Versailles | tel +33.1.30.83.79.79 | fax +33.1.30.83.79.78
Legal notes