Strategy for the drafting, filing and management of national, EU and international designs, tailored to product characteristics and business objectives
Effective protection of models and designs against imitations and their misuse thanks to specialised expertise and knowledge of counterfeiting regulations
Specific searches and surveillance to monitor the market and identify any similar or identical designs that could be an obstacle to business development
With business assets, designs and models are often decisive items of business value and it is necessary both to defend and protect them and to promote the product’s visible physical characteristics. This strategy therefore includes design filing and registration to protect products, their components, packaging, graphic symbols, typefaces and other distinctive elements.
Designation protection strategy External IP office
Strategic asset portfolio management Support for marketing and legal departments
Synergy for the defence and protection of trademarks and designs | Support for IP due diligence
Synergy in the choice of naming, trademarks, designs and domains
IP compliance management in accordance with Italian and EU regulations
Protection strategy support | External IP office
Planning the strategy for the establishment and defence of exclusive rights
Designs refer to a two-dimensional shape or image, while models refer to a three-dimensional form.
In Italy and the European Union, design registration lasts five years from the date of the application. The validity of the registration may be extended for periods of five consecutive years up to a maximum of 25 years from the application date.
An application for the registration of a design or model may be filed if it has not yet been disclosed to the public, or even after its disclosure, provided it is within 12 months of such event.
Disclosure means making the design available to the public as a result, for example, of its registration, its exhibition at a trade fair, or its placement on the market.
In Italy and the EU, an unregistered design or model enjoys de facto protection for three years after its first disclosure. In this case, however, it is up to the claimant of prior rights to prove that any third-party designs or models are not works of independent creation, but copies.
Registration offers many benefits:
First, registration gives the holder exclusive rights to the design or model. With a certificate of ownership, holders can more easily take action against unauthorised use and/or registration of their designs or models by third parties.
Registration confers five years of protection, which can be extended up to a maximum of 25 years. Without registration, the protection conferred on the design or model stops at three years after the first use.
Moreover, possession of a document specifying the protected object is often a prerequisite required for entering into sale and/or licensing agreements with business partners.