Protecting work in the world of design
What is copyright design?
Designs, like any written, painted or photographed production, are considered intellectual work that can be protected under authors’ rights, called copyright outside of the United States.
A design aims to combine aesthetics with functionality and concerns all everyday objects, whether by their shape or external appearance.
Copyright design, therefore, serves to protect both the creator of the object, the model and the drawing. Design protection is provided based on the Intellectual Property Code and the Industrial Property Code.
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How can design copyright be registered?
There are different means of design protection. This protection concerns the design and model. The concept of drawing includes all two-dimensional productions. To register a design, it is necessary to contact private providers such as FIDEALIS.
The conditions for ensuring design protection is the originality and uniqueness of the design. It should be noted that the aesthetic dimension of the object is complemented by its functional and industrial dimension. These aspects are all considered in design protection.
The duration of this protection is 25 years. Moreover, the creation of an object's design confers copyright on its creator by the very fact of its creation. Registering a model is therefore essential as copyright design will serve to protect the author's creation.
What legal action is available in the case of plagiarism on the design or model?
Design protection allows defence against copies called infringements. It also makes it possible to challenge unfair competition.
Registering a model is therefore essential and makes it possible to carry out legal proceedings against an infringer in criminal and civil proceedings. Infringement is punishable by 150,000 euros and two years' imprisonment.
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