Nevertheless, they cannot be ignored. If you fail to perform these tasks in a correct and timely manner, your design rights may no longer be enforceable. And the tasks need to be carried out from the very moment you decide to apply for a design registration.
What is design administration?
When filing an application for design protection, you need to make sure that the information registered with the authorities is correct, including all documents containing formal information and not least the product to which the design relates.
After you have completed a preliminary investigation of existing rights and have filed your application (which also contains some mandatory information), your design will be registered. The authorities will not assess whether your design is new or has individual character. This assessment will only be made in the event of a dispute with a third party. Should a dispute arise, the benefit of having a registered design is that there will be a presumption of validity. This means that it is for the third party to prove that the validity claims have not been satisfied.
A design is valid for a period of five years after you have applied for protection, and you may renew the protection for periods of five years at a time for a total of up to 25 years. If you have several designs in several countries, managing them will quickly become quite an onerous task. Add to that the fact that a design registration will not in itself protect you against counterfeits. You are responsible for enforcing your rights against any infringers. Supported by our design monitoring service, you will be kept informed if your competitors introduce goods or services infringing your rights.
How can we help you?
We offer to handle the full range of administrative tasks related to your design portfolio, saving you the worry. Our service is your guarantee that all deadlines will be met and that, through our EXTRANET tool, all documents are available to you.
Design administration is a challenge for many companies. However, it is actually one of the areas in which digitalisation and legaltech have brought about major changes.
Our IP Highlighter digital tool offers a quick and easy overview of all rights in your IP portfolio. It also provides an easy way of calculating and getting an overview of future costs, e.g. renewal costs, and is thus a very helpful tool when preparing your budget. Access to the tool is free of charge for our clients. Click here to learn more.
