What are the safeguards?
When a company wants to protect the works it has created, it has two options: protection of designs and designs or copyright. Designs and models are protected by intellectual property law. Their protection relates to the appearance of a product or one of its parts as well as to its ornament. It can be characterized by its colours, lines, format, material or consistency. To take advantage of this coverage:
- The model or design must be new. It will be made public once published or commercially exhibited or marketed. No one before you should have made the design.
- The model or design must have its own character. It must evoke a new feeling in the viewer, unlike that experienced with any other creation that has been seen before. It must not have characteristics identical to a design or drawing previously disclosed to the public.
- The design of the model should not only penetrate the technical aspects of the product. This means that the appearance is not determined by the type of product you are making.
Disclosure of the design or design erases the concept of “novelty” unless it is made within 12 months of the application for registration or it is not recognized by current business practice in the relevant industry.
The term of protection for your design and design is 5 years. This is renewable every year for a maximum of 25 years. Please note that the renewal request is made within 6 months prior to the end date of the protection period. If necessary, the applicant will be granted a grace period of 6 months in exchange for an additional fee to be paid for late renewal.
Why submit a model or drawing?
Do you make design furniture? Do you design clothes or jewelry? Do you design graphics software? You can get an exploitation monopoly on your 2D and 3D assets. This way you benefit from protection against counterfeiting and money for your creations that are offered for sale.
For example: you make an Aztec piece of jewelry, you then deposit the model at the INPI. The competitor is not allowed to manufacture or sell the same or a similar model. On the other hand, you can resell your jewelry for a fee.
It is important to deposit its models to effectively protect your copyrights. Here are the many reasons why your works should be protected:
- To be able to apply a specific procedure in the case of a forgery: this is the procedure for the detailed description of the objects. The attachment (optional) can be carried out by the bailiff.
- To enjoy a presumption of ownership of the model or drawing from the filing date.
- Prioritize additional protection over copyright.
- Have property rights in the filings of designs or drawings made for a period of 6 months.
- To label products with the words “registered design”. The goal is to scare away potential usurpers.
How to archive your models and drawings?
For protect your creations, please contact the INPI or the National Institute of Industrial Property. You can submit your application online, so you don’t have to travel. This way you have a better time saving.
You can also use the solution ipocamp. This is a trial tool that proves the anteriority of your creations. The tool allows you to assert your copyright against baseless allegations and various infringements.
The steps to take to create your project:
- Send your registration request stating the number of photographic or graphic reproductions associated with each model or model to the INPI. These reproductions must be true and accurate of your models and drawings.
- The INPI examines your application for registration in all its forms and informs you of any useful objections.
- When your file has been validated, the filing of your design or drawing will be published in the BOPI or Official Bulletin of Industrial Property. Third parties who have objections can report themselves at this time.
- Notification of publication will be sent to you: your works are protected.