Europe Design Registration

Introduction:

The European commission is Cognizant of the fact that ‘design of the product is often the main reason   for consumers choosing it all the others  and  that  design-intensive industries Play a  vital role the European Union economy. Design is increasingly  recognised  as key to  bringing   ideas to the market  and transforming them into user-friendly, appealing Products / services’. In this context, the European Union has harmonised industrial design protection across European union countries and introduced Community design which offers unitary  protection across the European union  through  a single procedure.

Design as an ammunition is the most drawn upon by innovators for immediate and outstanding results. A well-designed product has the following elements to it:

• Geographical boundaries dissolve as the said design is highly  coveted, hence becoming aspirational.
• Political ideologies are vanquished as the said product would be a great equaliser.
• Multifunctional products with the best designs can be great disseminators of ethics, meaning and responsibility by reaching consumers via their emotions and sentiments.
• Well designed products offer ergonomic features ensuring comfort and well being of users, eliminating frequent overhauls hence contributing to personal as well as environmental health.

 

Industrial Designs in the European Union:
Industrial Designs can be put forth as:

• The Community Designs System that provide a unitary right covering European Union via the OHIM for both Registered as well as Unregistered Designs.
• National Systems of Registered Design as per National Laws of Countries chosen.
• The International System via WIPO known as the Hague system.
• The Benelux System for Belgium, Netherlands, Luxembourg countries

 

Legal Definition:

In order to protect industrial designs, the legal definition of the same has to be looked at which is as below:

Legally an Industrial design is:

• The outward appearance of a product or part of it.
• The lines, shapes, contours, shapes and patterns along with ornamentation that constitute the design.
• Industrial designs must be capable of being produced / manufactured industrially several times over.
• It is very important to note that, industrial designs are not related to the ‘functionality’ aspect of a product as that would fall under the scope of patent protection.

Benefits of Industrial Design protection:

• To derive benefits out of Industrial Designs Protection, the designs have to be new and original.  
• Designs registration gives exclusivity over the registered design which counters copying, selling counterfeit goods, parallel imports in the grey and black markets thereby preventing unlawful gains by unscrupulous persons.
• Designs registration gives statutory rights to sue the infringers by way of civil and criminal remedies and compensation in courts of law.

Essentialities of International Designs Registration and Protection:

It is important to register designs in as many countries as possible  because:

• International protection of industrial designs by way of design filings in as many countries as possible will help in better valuation and commercialisation. 
• Protection to industrial designs globally is subjected national laws of the respective countries aided and facilitated by international industrial designs protection regime.

As aforementioned, www.paritypatent.com with its colleagues in 135 countries is equipped in filing international designs applications in the applicant’s chosen countries.

International protection of Industrial Designs:

Internationally, Industrial Designs are protected through various international treaties and conventions such as:

• The ARIPO treaty for  former English  colonies in the African Region
• OAPI treaty for former French colonies in the African Region
• European Union Community Designs Protection by OHIM
• The Hague System of International Design Registration

From amongst the above, the Hague System of International Design Registration is most important for those looking to cover many countries at one go.  The remaining three are self explanatory and are the best choices when the applicant wishes to register their designs in countries not party to the Hague Agreement.

The Hague System:- Some Important Pointers:

(i) Who may apply: Members that are party to the Hague Union.

(ii) Filing of the application: A single application is filed with the International Bureau of WIPO.

(iii) The Result: A single international registration with individual effect in each of the members of the Hague Union which may be States (Countries) or Intergovernmental Organisations as designated.

(iv) The Benefit:                     

• A huge time and money saver by enabling applications acquire Industrial designs protection in multiple countries through a single international application. 
• Replaces applicant having to approach each country separately with individual applications thus escalating time and money threatening to undermine the efficacy of the industrial design.

(v) Components of the Hague Agreement:

• The Geneva Act of July 1999
• The Hague Act of November 1960

(vi) Important Aspect: The Hague System cannot be used to protect an industrial design in a country not party to the Hague Agreement. The above Acts are applicable to a designated contracting party from amongst the 1960 and 1999 Acts.

(vii) Further Information: Detailed information regarding filing of International applications, examination, publication of applications, remedies attains refusal of registration of applications, procedure upon grant of the application, term of protection et.al., please visit our website www.paritypatent.com which contains detailed guides and F.A.Q.s