May 2003
Briffa urges designers to take advantage of new EU Design Registration Law
For Immediate Release
With the recent introduction of the new system for pan-European design registration, Briffa, the intellectual property and information technology lawyers, urges designers to sign up and take advantage of this new EU registration law.
The main benefit of the new Community Design law, which came into effect on 1st April 2003, is that one application will provide designers with protection in each European Union member state, which currently numbers 15 and growing. The law has been introduced to make it easier and cheaper to protect designers' work across Europe from potential infringement. The registration formalities are simple with a single application, (instead of separate applications for different countries as the current law stands), a single language of filing, a single administrative centre, a single file to be managed and a single payment. The benefits of such a system are clearly manifold. Not only will it be much cheaper to apply for Community Design protection rather than to seek protection through the national protection systems in several countries, but the legal protection offered will be stronger and far more extensive.
Lee Gage at Briffa, the intellectual property and information technology lawyers said: "By registering their work, designers are not only given a monopoly right to make, sell, distribute and licence their designs, they are also granted the same monopoly right to protect their work from infringement. With the introduction of the Community Design law, this right is now automatically extended Europe-wide. It is a tangible asset that has a monetary value, which will increase in value if exploited properly. "
"The Community Design law also recognises a series of objects so that a designer can register a number of different objects in a range in the same application (for an increased fee). In the UK, each item would have to be registered separately, which could be a costly exercise for a designer who has, for example, 10 pieces in the range. The Community Design law is therefore a cost-effective way of obtaining protection for multiple objects in multiple European jurisdictions," continued Lee Gage.
To assist designers with the new legislation, Briffa's Design Registry practice will undertake design registration applications on behalf of designers wishing to take advantage of the new legislation. Assistance will include preparing all documents and images required by the Office for Harmonization in the Internal Market (OHIM) and providing straightforward legal advice on the practicalities and benefits of the new system. In addition to design registration, Briffa can also provide advice on general brand protection including how to minimise risk and maximise brand potential.
*OHIM is the European Union agency responsible for the promotion and management of trade marks and design.
Issued on behalf of Briffa
By Marie-Louise Morley at Apposite Communications
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