What is a design?
A design is the appearance of a product or a part thereof, which results in particular from the characteristics of the lines, contours, colors, shape, surface structure and/or the materials of the product itself and/or its ornamentation. Design protection can therefore protect the appearance of the product, but not the idea/invention behind the product.
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Under what conditions is a design eligible for protection?
If your design is new and unique, i.e. if no identical design has been made available to the public prior to registration and if your design creates a different overall impression than those designs that have already been made available to the public prior to the date of registration, you as the creator of this design are generally entitled to protection of your design as a “design” within the meaning of the Design Protection Act.
Do not hesitate to have your newly created design protected, as you only acquire the exclusive right to use the protected design and thus to prohibit third parties from using your design on the day your design is registered.
What should I bear in mind when filing a design application?
You can register your design as a national design with the Austrian Patent Office, as a “Community design” with the European Union Intellectual Property Office (EUIPO) and/or with the World Intellectual Property Organization (WIPO) as an international design in 62 countries. In practice, the application is usually filed as a Community design, which means that your design is protected throughout the European Union.
The design application must also include a list of the goods – sorted by class – for which your design is intended. It is extremely important to carefully select the specific classes of goods, as this is ultimately decisive for the scope of protection of your design.
Fees are payable to the competent authorities for the registration of your design, the amount of which depends on the territorial scope of protection of your design and the number of goods for which your design is registered, and about which we will be happy to provide you with detailed information.
Our services:
We represent and advise you comprehensively in all legal matters relating to design law. Our range of services includes in particular
- Representation and advice in proceedings for the registration of your design as a national/international design or as a Community design
- Representation and advice in civil proceedings against unlawful use of your protected design
- Litigation support in quickly obtaining legal protection by means of an interim injunction
- Legal action against infringements of your property rights by opponents
- Support and representation in connection with the exploitation and licensing of your design
Good legal advice always primarily serves the economic success of the client.Dr. Bernhard Tonninger, Partner