Drawings and models
Why should you entrust the protection of your creations to professionals?
A registered drawing or model is an industrial property title that makes it possible to protect all or a portion of the ornamental or aesthetic aspect (design) of your creation, which can be seen during the normal use of the product which distinguishes it from the competition and which contributes to its commercial success.
This can be a two-dimensional graphics element (drawing), for example a pattern, an assembly of lines or colors, or a three-dimensional element (model) such as a shape, texture, or material used. The ornamental or aesthetic characteristics of your product must not however be imposed by any technical function.
In order to be valid, a drawing or model must be novel and have an individual character. “Novel” means that no identical or quasi-identical drawing or model has been disclosed or made accessible to the public (in particular through a sale, usage, advertisement) before the filing date granted to your drawing and model. A disclosure coming from the creator, within 12 months preceding the filing, does not however destroy the novelty.
Your drawing or model has its “individual character” if the general visual impression it gives to a trained observer (i.e. a person who is skilled, discerning, experienced and who is particularly vigilant) differs from that produced by a prior drawing or model.
Appreciating these two notions is relatively complex, and the specialists at Cabinet Roman will provide you with clear and precise answers as to the novelty and individual character of your drawing or model.
In France, the duration of protection for a drawing or model is 5 years and can be renewed for successive periods of 5 years, up to a maximum of 25 years. During this period, no third party can manufacture or sell the same drawing or model, on the territory where it is protected.
The drawing and model is as such a powerful legal instrument that allows you to take the matter to court in order to uphold respect for your monopoly, condemn acts of counterfeiting and obtain reparation for any prejudice incurred.
It is also a marketing and trade instrument that can improve your company’s image, capture new clientele, and offer consumers a guarantee of quality.
Like a patent or a trademark, a drawing and model is finally a financial tool that participates in enhancing the capital of your company and makes it possible to generate royalties from operating licenses.
Our team specializing in drawing and model law intervenes in all of the components, whether legal, strategic, economic or financial, linked to your creations.
Do you need to protect your creation with a drawing and model? Contact us!