Industrial Designs Law in France
Absolutely! Here’s a detailed overview of the Industrial Designs Law in France:
Industrial Designs Law in France
Legal Framework
Industrial designs in France are primarily governed by the French Intellectual Property Code (Code de la propriété intellectuelle - CPI), specifically Part IV on designs and models.
France is a member of the European Union (EU) and the European Economic Area (EEA), and follows EU regulations concerning industrial designs.
The Institut National de la Propriété Industrielle (INPI) is the national authority responsible for design registrations.
France is also a signatory to international treaties protecting industrial designs.
What is an Industrial Design?
An industrial design protects the appearance of the whole or a part of a product, especially:
Lines
Contours
Colors
Shape
Texture
Materials or ornamentation
It protects aesthetic and ornamental features, not technical or functional aspects.
The design must be new and have individual character.
Protection under French Law
Definition:
A design is the appearance of the whole or part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
Registration Authority:
The INPI manages design registrations in France.
Eligibility:
The design must be new (not made available to the public before the filing date).
It must have individual character, meaning it produces a different overall impression on an informed user compared to existing designs.
Exclusions:
Designs dictated solely by technical function are not protectable.
Designs contrary to public order or morality are excluded.
Registration Process
The applicant files an application with INPI, including representations (drawings, photographs, or samples) of the design.
INPI conducts a formal examination focusing on compliance with procedural requirements.
Registered designs are published.
The applicant receives a certificate of registration upon approval.
Duration of Protection
Initial protection lasts for 5 years from the filing date.
Protection can be renewed every 5 years up to a maximum of 25 years.
Rights Conferred
The registered owner has exclusive rights to use the design.
The owner can prevent unauthorized making, selling, importing, or using of articles bearing the design.
Rights can be assigned, licensed, or transferred.
International Treaties and EU System
France is party to key international agreements including:
The Hague Agreement for International Registration of Industrial Designs (WIPO)
The Paris Convention
The TRIPS Agreement
As an EU member, France recognizes:
Registered Community Designs (RCD) which offer protection across all EU member states.
Unregistered Community Designs, which provide limited protection for 3 years.
Enforcement
Industrial design rights are enforceable in French courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | French Intellectual Property Code (CPI) Part IV; EU Design Regulation |
| Registration Authority | Institut National de la Propriété Industrielle (INPI) |
| Protection Duration | Up to 25 years (initial 5 + renewals) |
| Examination Type | Formal (newness and individual character required) |
| International Treaties | Hague Agreement, Paris Convention, TRIPS |
| EU System | Registered and Unregistered Community Design protection |
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