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Registration design or model, what are my rights ?
I have registrated a design or a model, what are my rights ?
Filing for a registered design gives the author a monopoly on the aesthetic aspect of this design, if it is new. Registering the design does not prevent me the author also benefitting from copyright protection for this design.
As with patents and trademarks, this monopoly enables the author to decide who may exploit it and under which conditions (length of time, financial compensation, etc.). If they do not exploit it personally, they may decide to "rent" the registered design, via negotiated license to one or more interested organisations. I may also decide to sell the registered design via a negotiated assignment agreement with interested persons.
Once the first application for design registration has been made, the author has 6 months to protect it abroad while benefitting from the filing date of that first application.
Several routes for extension are possible: national, regional or international. These routes are not mutually exclusive and may be combined according to strategic and financial considerations.
The registered design also enables the author to act under infringement before the courts against imitations of the registered design, both on the basis of the protection of the design and on the protection of the copyright. The registered design is valid for 5 years, renewable 4 times for an identical period. As long as no one contests the design, the author is considered to be its creator.