How can I protect my creations well?
The choice of protection for your creations is of strategic importance. This choice must therefore be part of a carefully developed approach, according to the usage perspectives for your products in the French, European and international markets.
Your creations can be protected by registering a drawing and model, but also through copyright. Registering a trademark can also, in certain cases, provide them with this protection.
The advantages linked to copyright are many. Contrary to a drawing and model, copyrights to not require any filing formalities. The creator simply has to prove paternity and the date of the creation. This date of creation can be proven by any means and in particular through time/date stamping or by filing a drawing and model. Furthermore, the protection covers the entire duration of the life of the creator, without renewal formalities, and terminates 70 years after the death of the creator. The criteria for the validity of a copyright also differ from those of a drawing or model: originality for the first, novelty and individual character for the second.
The main advantages for filing a drawing and model are the following: filing confers a certain date to your creation; it creates the presumption of ownership in favor of the application; it allows you to benefit from special seizure for counterfeiting procedures and infringement proceedings provided for in the Industrial Property Code; it allows you to more easily consider extending your protection abroad by befitting from a six-month priority period starting from the initial filing; finally, it allows you to also benefit from protection via a copyright.
The advantages linked to registering a trademark can be found in our “TRADEMARKS” section
Choosing a channel for protection (drawing & model, copyright or trademark) is far from being self evident. The legal expertise of Cabinet Roman in these matters allow you to opt for the optimum solution.