Design (dessin ou modèle)

A design (dessin ou modele) is the industrial property title that protects the appearance of a product or part of a product, characterised by its lines, contours, colours, shape, texture or materials. The French term dessin designates a two-dimensional appearance, modele a three-dimensional one. Designs are governed by Articles L. 511-1 et seq. of the French Intellectual Property Code. They protect the aesthetics of a product, not its function.

Conditions of protection

The design must first be new: no identical design may have been disclosed before the filing or priority date, subject to the twelve-month grace period enjoyed by the creator. It must also have individual character, meaning it must produce on the informed user an overall visual impression different from that of earlier designs, taking the designer’s freedom into account. Features dictated solely by the product’s technical function, and interconnection features, are excluded and belong to patent law.

Filing and duration

A French design is filed with the INPI, which does not examine the substantive conditions. Protection lasts five years from filing and may be renewed in five-year periods up to twenty-five years. Publication may be deferred. At European level, the Community design offers unitary protection, and the Hague System allows international extension. An unregistered design also enjoys limited three-year protection in the European Union.

Cumulation with copyright and litigation

In French law, the same creation may be protected both by design law and by copyright, if it is original, under the principle of the unity of art. This cumulation allows an action on both grounds. The owner may resort to saisie-contrefacon and to the infringement action before the specialised courts. In practice, filing a design is quick and inexpensive and provides effective protection for consumer products, furniture, fashion and visible industrial parts. The firm handles such disputes as part of its intellectual property practice.