Consulenti in Proprietà Industriale e Intellettuale
Consultants In Intellectual Property
Fax. +39.02.48008343 - +39.02.48002648
Cod. Fisc. P.IVA - VAT REG. N. 09899330154
We assist our clients in defining their design protection strategy at all stages, starting with the definition of the scope of protection, based on the correct graphic representation of the aesthetic features to be protected, reproduced and depicted with clarity and precision, followed by: prior art searches among designs already filed or registered; filing and prosecution of the application up to registration; administrative, judicial and extrajudicial enforcement; asset and financial valorisation; setting up of the strategy for the enhancement, development and economic exploitation of design rights.
We advise on design protection in various industries, including the technical and mechanical sector, the food, cosmetics, fashion, furniture, lighting, textiles and packaging industries.
We manage design protection through national, EU, and international designs in Italy and abroad.
(the following section is applicable to design registrations in the EUROPEAN UNION)
A design protects the aesthetic innovation of products and their packaging.
Protectable designs cover: the appearance of the whole product or a part thereof, as resulting from the lines, contours, colours, shape, surface texture, or materials of the product itself or its ornamentation, provided that they are new and have individual character, and are not against public policy or accepted principles of morality.
A product can be any industrial or handicraft object, including, inter alia, components that must be assembled to form a complex product, packaging, presentations, graphic symbols, and typefaces, excluding computer programs.
Design protection is not available for the characteristics of the appearance of the product that:
The registration of a design confers to the owner the exclusive right to use it and to prohibit third parties, except with its own consent, from using it in the manufacture, from offering, marketing, importing, exporting, or using a product in which the design is incorporated or to which it is applied.
The exclusive right shall extend to any design that does not produce in the informed user a different overall impression, taking into account the designer’s margin of freedom in the making of the design.
Design protection shall last for a maximum of twenty-five years, subject to payment of the five-year or annual maintenance fees.
A design may be eligible for protection if it has the requirements of novelty and individual character that must exist at the filing date of the application for registration.
A design is considered new when no identical design has been disclosed to the public prior to the filing of the application for registration. Two designs are deemed to be identical when their features differ in insignificant details.
A design has individual character if the overall impression it makes on the informed user differs significantly from the overall impression made on that user by any design that has been disclosed to the public, prior to the application for registration.
A design shall be considered disclosed if it has been made available to the public by registration, or in any other manner displayed, put on the market, or otherwise made public, prior to the date of application for registration, except for a disclosure by the designer, occurring in the twelve months prior to the date of registration or disclosure to third parties under express or implied covenant of confidentiality.
We assist and represent our clients in the procedure of registering their designs in Italy and abroad, starting with the preliminary verification and evaluation of design registrability requirements, such as novelty, individual character, and lawfulness, through prior art searches and preliminary registrability opinions carried out at the client’s request. We follow all stages, from the filing stage, in which we take special care of the graphic representation of the features to be protected, to the technical arrangements, so as to exclude from protection the unprotectable features and the various permissible views, for the purpose of the widest protection, to the prosecution of the application – examination and publication – up to the registration stage, and the reply to any objections or ex officio findings.
We deal with the extension of protection of our clients’ designs throughout the European Union by means of the Registered Community Design system, International Design registrations, or foreign National registrations, in accordance with laws, regulations and international treaties.
We define with the client the strategy for the watching of third-party designs, including those filed by competitors, on the Official Registers, on the web, and in the marketplace, to protect our clients’ exclusive rights in the field of aesthetic innovation.