Industrial Designs Law in Guadeloupe (France)
Here’s an overview of industrial designs law in Guadeloupe (France):
🇬🇵 Industrial Designs Law in Guadeloupe (France)
🔹 Legal Context
Guadeloupe is an overseas region and department of France, located in the Caribbean.
French law applies directly in Guadeloupe, including intellectual property law.
Industrial designs in Guadeloupe are protected under French national law.
As part of France, Guadeloupe also benefits from European Union intellectual property frameworks.
🔹 Governing Law
The main law protecting industrial designs is the French Intellectual Property Code (Code de la propriété intellectuelle).
EU-wide protection can also be obtained via the Registered Community Design (RCD), managed by the European Union Intellectual Property Office (EUIPO).
🔹 What Can Be Protected?
Industrial designs protect the appearance of a product or part of a product.
This includes:
Lines
Contours
Colors
Shape
Texture
Materials
The design must be new and have individual character (distinctiveness).
Functional or technical features are not protectable under design law.
🔹 Registration Process
National Registration (France)
Application filed with the Institut National de la Propriété Industrielle (INPI).
Formal examination to ensure compliance.
Registered designs are published in the official bulletin.
Community Registration (EU)
Application filed with the EUIPO.
Provides protection in all EU member states, including Guadeloupe.
🔹 Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Renewable up to 4 times, each renewal adding 5 years.
Maximum protection term is 25 years.
🔹 Rights Granted
Exclusive rights to use and prevent unauthorized copying or use of the design.
Rights can be licensed, assigned, or transferred.
🔹 Enforcement
Enforcement through French courts with jurisdiction over Guadeloupe.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Hague Agreement | Member |
| TRIPS Agreement | Member |
| EU Community Design Reg. | Applicable |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | French Intellectual Property Code (INPI) |
| Authority | INPI (France) and EUIPO |
| Duration | 5 years, renewable up to 25 years total |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | French courts (including Guadeloupe) |
| International treaties | Paris, Hague, TRIPS, EU Community Design |
Key Takeaway
Industrial designs in Guadeloupe are protected under French law via INPI or via EU Community Design registration through EUIPO, providing strong protection locally and throughout the EU.
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