Your partner in design law

Frequently asked questions

• How can I protect my product designs before I market them in the EU?

  In many cases, design law offers good possibilities. More specifically, for the protection of most product designs that are new, and whose design is not determined by technical requirements, in the EU it is advisable to register them as a so-called EU design, which offers protection in all EU member states. 

  Any product is eligible: 2D, 4D, or also digital.

  EU designs (also known by the older name Community Designs) must be applied for at the European Union Intellectual Property Office (EUIPO) and offer up to 25 years of protection.

  If you do not register your product designs, you can still fall back on the concept of Unregistered EU Designs. These provide automatic protection for three years against imitation, from the moment you first make your design public within the EU. 

  Disclosure can be done through a website, a trade show or by marketing your product, for example.

  Be aware that improper or premature disclosure may limit your ability to register the draft later. If a design is a year out in the open, it is no longer new. It then no longer meets the requirements for a valid design.

  Anyway, carefully document the date and manner of disclosure.

  Consulting a specialist like Good Law is advisable. And not just because of the complexity of design law. In addition to design law, copyright, trademark and patent law can also strengthen your position.

• How long after I make a design public can I protect it as a design?

  You can register a design as a design up to one year after publication. This can be done at the Benelux Office for Intellectual Property (BOIP) for protection in Belgium, Netherlands and Luxembourg, or at the European Union Intellectual Property Office (EUIPO) for protection in all EU member states. 

  BOIP is a good choice for local protection at lower cost, while EUIPO is suitable if you need broad EU-wide protection.  But most importantly: make sure you register in time to secure your rights!

• I’m afraid of cheap counterfeit from China. What can I do?

  To combat counterfeit products, you can submit a request to Customs to protect your intellectual property rights. You can submit this request, also called an Application for Action (AFA), once a year for the Netherlands and/or other EU member states. 

  It allows customs to detect and stop suspicious goods, as soon as someone tries to bring them into the European Union through the Netherlands.

  If customs suspect counterfeiting, you will receive a notification and photos of the seized goods. If counterfeiting is confirmed, you can choose to have the goods destroyed and take legal follow-up action against the parties involved.

  The evident advantage of this action is that it prevents products from being marketed!

  Good Law has ongoing contact with customs and can guide you through filing, assessing suspicious goods and taking follow-up steps: Good Law can maintain any contact with customs, and move quickly. Contact us for more information.

• What are my options if I discover that someone in the EU is copying my registered design for shoes (or other products)?

  If you discover that someone within the EU is infringing your registered design, several legal steps are possible. The first step is to send a demand letter to the infringer. In it you demand that the infringement stops and make it clear that you are considering legal action if this does not happen. Often this already leads to a solution!

  If this does not work, the EU provides a uniform legal framework through the Community Design Regulation, which protects your rights in all member states. 

  This framework is applied by national courts. In urgent cases, you can initiate summary proceedings in a national court to enforce, for example, a sales ban or the seizure of infringing products. 

  For a final solution, you can file proceedings on the merits with a court that has jurisdiction over EU cases, such as, in the Netherlands, the District Court of The Hague. This allows you both to have the infringement stopped and to claim damages. 

  If the infringer is based in the Netherlands, the procedure through The Hague can even apply to the entire EU. 

  Legal advice is crucial to determine which approach is most effective and to ensure you are following the correct procedure. Contact Good Law for clear and practical advice.