What to do in the event of conflict related to a design or model

OMPIC is your source of legal information

• You must be vigilant, in order to detect the infringements to your designs and industrial models and choose a defense strategy.
• OMPIC may help you enforce your rights, by putting at your disposal information concerning industrial property, and by issuing to you the certificates, official copies which you need relevant to your designs and industrial models.
• You may also call upon a legal advisor or a lawyer specialized in industrial property.

Be vigilant and defend your rights

It is up to you to enforce your rights on your industrial property titles; it is then up to you to be vigilant as to the infringements to your rights. You must thus supervise any abusive use of your designs or models, and decide on the measures to be taken against the possible imitators and infringers.
The law authorizes you to resort to the commercial courts for any dispute related to a design or model filed. Use the services of a lawyer specialized in industrial property to advise you as to the steps to be taken.

The designs or industrial models are part of the scope of protection of other laws.

• Certain designs or models may be protected by copyright. This right does not require any preliminary registration, and is valid during all the life of the author plus 50 years after his death. However, the design or model must be regarded as a work of art so as to benefit from this protection, and the definition is not clear and may be controversial.
• The legislation on unfair competition may also apply to the imitation of your designs or models, or their use which would be likely to create confusion and deceive the general public. You should, however, pay attention, because the infringement of rights is not always easy to prove.

Sometimes, your design or model may be assimilated to the trademark. It may be then interesting to register it as a trademark, which will benefit from a protection which is unlimited in time.