Consulting

in the

Design law.

Design law is international, complex and requires specialized expertise. Put your trust in our team of experienced design lawyers, who will provide you with competent support and advice on all issues relating to design law.

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Advice on design law

Design law is becoming increasingly important, as the external appearance of products represents not only aesthetic but also considerable economic value. It is therefore crucial to provide your company with optimal design law support from the very beginning – from the development of a targeted design strategy to the legally secure protection and continuous maintenance of your designs to the consistent defense of your laws. Our experienced lawyers and specialist attorneys will advise you in all relevant areas of design law in order to strategically develop and sustainably protect your visual identities.

Advice on design strategy

A sound design strategy forms the foundation for the market success of your products. We support you in protecting the appearance of your goods and services in the best possible legal way – be it as a registered design or as a design patent. As early as the conception phase, we check whether your desired design has the necessary protectability and is free from third-party laws. Industry-specific features and distribution channels are included in our analysis in order to guarantee an economically viable and sustainable design strategy.

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What is a

unregistered

Design patent?

The unregistered Community design offers automatic but time-limited design protection throughout the EU without registration. It is particularly relevant for products with short market cycles, for example in the fashion industry.

Recommendation:
Registration is preferable for important designs with longer-term significance. The unregistered design is suitable as a supplement or for designs with short-term market relevance.

Key features:

Term of protection: 3 years from first publication in the EU
Automatic protection without registration and fees
Requirements for protection: Novelty and individual character as with a registered design
Creation of protection through verifiable first-time publication in the EU
Only protection against imitation (copies), not against independent parallel developments
Burden of proof for creation and ownership lies with the rights holder

Main differences to the registered design:

Shorter term of protection (3 years instead of max. 25 years)
No proof of ownership available in the register
Narrower scope of protection (only against copies)
No registration costs, but higher documentation requirements
More difficult enforcement due to burden of proof for the creation of property rights

Design application

An essential part of our design law advice is the registration of your design. We support you nationally and internationally with the registration of your design and take care of all the formalities.

Design licensing and contractual aspects – drafting optimal contracts

The commercial exploitation of design rights often requires tailor-made contractual arrangements. We advise you on the drafting of license agreements that enable you to allow third parties to use your designs or to use third-party designs in a legally secure manner. When drafting contracts, we attach particular importance to clear regulations on the scope of the license, geographical scope, term, quality control and license fees. We also support you in drafting delimitation agreements and the transfer of design rights in the event of company sales in order to comprehensively protect your interests.

Due diligence in design law – valuation of design rights

In the course of company takeovers, investments or partnerships, we carry out a careful due diligence review of design law. We systematically analyze all existing design rights of your company or a takeover candidate, evaluate their protectability and identify potential risks – such as pending disputes or non-compliance with deadlines. This provides you with a sound basis for decision-making that makes the actual value and legal security of your design portfolio transparent.

Design law disputes

Despite intensive preparation, conflicts can also arise in the area of design law . Whether it concerns cease and desist letters or direct infringements of your design rights – we represent your interests competently and consistently enforce your laws against infringers. Our aim is to develop quick and effective solutions to limit the damage and protect your design identity.

Customs seizure for design piracy

We take decisive action against counterfeiting and imitation of your designs. By working closely with customs and law enforcement authorities, unlawfully copied designs can be identified and confiscated as soon as they are imported or exported. These measures make a significant contribution to minimizing the economic damage caused by design piracy .

Our expertise – your advantage

Our law firm has many years of experience in design law and works for you both nationally and internationally. Thanks to our extensive network and cooperation with specialized partners, we can advise and represent you in all matters of design law – from strategic planning to filing and defending your laws. You benefit from:

State-of-the-art software: We use leading software solutions to always obtain up-to-date information from the relevant design registers.
Individual advice and analysis: We analyze your needs and offer you tailor-made design law advice that covers all the points that are important to you.
Legal expertise: We guarantee competent advice through regular training and intensive professional exchange.
Experience with authorities and courts: Thanks to our many years of experience, we know the special features of the individual offices and courts and can therefore provide you with the best possible advice and representation.
International network: We have a strong international network and are involved in international organizations such as INTA and ECTA. We work with IP lawyers worldwide to provide you with global support.

Rely on our specialized know-how to secure and expand the unique value of your designs. Your designs are in the best hands with us.