FAQ - Designs
How long does it take to obtain a registered design in Belgium?
There is no Belgian design. If you want to have your design protected in Belgium, you may either choose the Benelux Design (which automatically covers Belgium, the Netherlands, and Luxembourg), or the Community Design (which automatically covers all countries of the European Union) or still the International Design designating Benelux of the European Union. The time required to obtain design protection varies depending on the chosen route.
It takes from about 3 to 9 months from the filing date to get your design registered in Benelux. As for the Community Design, it takes from 1 to 2 months from the date of filing to have your design registered
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How much does a design registration cost?
A Benelux Design: the costs for the filing of a Benelux Design amounted to about 475 EUR in 2008 (including 120 EUR as official fees). If you opt for a multiple application, a degressive rate is applicable with respect to both the official fees and our fees. A multiple application may contain up to 50 designs.
A registered Community Design: the costs for the filing of a single Community Design amounted to 820 EUR in 2008 (including 350 EUR as official fees). If you opt for a multiple application, a degressive rate is applicable with respect to both the official fees and our fees. Unlike the Benelux multiple application, you may ask registration of an unlimited number of designs, as long as the products (to which the designs are to be incorporated into or applied to) all belong to the same category of products (according to the Locarno classification). There is one exception when using electronic filing as in the latter circumstances the filing may only comprise up to 99 designs per filing.
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Which documents and information are required for the filing of a design registration?
For the filing of a design registration, the following data and documents are required:
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I have a registered Benelux Design, am I protected against counterfeiting coming from abroad?
Exclusive rights conferred by a Benelux Design to its proprietor are limited to the Benelux territory (similarly the rights conferred by a US- or a Japanese design are respectively limited to the US and to Japan). That is the so-called principle of territoriality of intellectual property rights. Accordingly, the rights conferred by the Benelux Design do not allow you to prevent third parties living abroad from using your design in their country. However, you can act against import into the Belgian territory of products having an aspect which is identical or similar to that of your registered design and coming from abroad (albeit subject to the Community exhaustion of IP rights theory, please see Q. 28). If you want to benefit from similar rights in other countries than Benelux, you shall also get your design registered in such countries, via the national, the European or the international route. You might also benefit from the non registered Community Design for a period of three years as from the date on which the design was first made available to the public within the Community, without any application or registration being required.
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In which countries shall I get my design protected?
As the protection conferred by a registered design is territorially limited, we generally recommend that you seek for a protection in such countries which are (or will be) of economic importance to you in your area of practice, that is to say in such countries where your current or future products are or will be marketed, and/or in such countries where your main competitors are located and potentially able to manufacture your products.
Kirkpatrick will be able to advise you on the protection strategy (national, European or international filing) which best fits your goals, your needs and your budget.
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What is the life span of a registered design?
The term of a registered design shall be 5 years from the date of filing, renewable by successive periods of 5 years up to a maximum of 25 years, as long as the required fees have been paid in due time. Unlike trademarks, there is no obligation of usage.
The unregistered Community Design shall have a term of 3 years starting from the date of disclosure.
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What are the advantages of the registered design when compared with protection by copyright?
“Works of applied art”, the other name for designs, are open to protection by copyright. Since no formalities are required for the protection by copyright and because the term of protection is very long (the entire life of the author plus 70 years after his/her death), it is obviously tempting to resort to this type of protection. The disadvantages are however numerous. First of all, since copyright arises from the creation itself (as long as it is original), it is required to constitute an undisputable proof of the date of creation (via e.g. “i-dépôt”, please see Q.29). Secondly, no certainty as to the existence of the copyright will exist until a judge has established that a right does arise or not, generally in the context of an infringement proceedings against a third party presumably copying your work. Accordingly, a lot of legal uncertainty persists with that matter.
Conversely, the filing and registration of a Benelux or Community design, allows you, through a pretty short, simple and cheap procedure, to obtain an official title (originating from the OPRI or the OHIM). Moreover, copyright only allows you to prevent others from copying your work (and the exploitation thereof) in such a way that if the “pirate” can prove that he/she has also made a personal creative work, he/she will not be condemned. On the other hand, the design right does allow you to prevent others from exploiting your design without any such exceptions.
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