Where to protect?
A design can be protected worldwide if that is what you require. Although the procedures for design registrations are not always identical in the different countries, the ultimate aim is the same, i.e. to obtain an exclusive right to your design in a geographical area that is of interest to you (the Benelux, Europe or countries outside Europe). Your choice depends of course on the nature of your product, the specification of your market and your international ambitions. Arnold + Siedsma will be pleased to work with you to determine the right strategy to protect your designs in the best possible way.
Benelux designs
Design registration for the Benelux takes place at the Benelux Office for Intellectual Property (BOIP) in The Hague. A Benelux registration offers protection in Belgium, the Netherlands, and Luxembourg. These three countries...
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European designs
A Community design can be obtained with one registration at the European Design Office (OHIM) in Alicante. A Community registration is regarded as a single entity and offers protection in all 27 EU member states. A certain level...
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International designs
An International Registration can be obtained via the World Intellectual Property Organisation (WIPO) in Geneva. This involves a bundle of national design registrations for countries which are members of this Organisation, whereby...
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National designs
A design can be filed in any country where registration is desired and possible, anywhere in the world. This can be done directly through the designated official body in the country concerned. Arnold + Siedsma has access to a global...
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The procedure
In all design registration procedures, an initial check will be carried out to determine whether the formal requirements have been met (fees paid, design holder details known and clear illustrations provided), and whether the design...
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Duration of the procedure
The duration of the registration procedure for a design differs from country to country and may range from several weeks to several years. In all cases, the filing date in principle determines which registration is the earliest....
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Term of protection
For most countries, a design registration has a maximum term of protection of 25 years, provided that the renewal of the design registration is arranged in a timely manner every 5 years from the filing date of the design...
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