Industrial Designs Law in Réunion (France)
In Réunion, an overseas department of France, industrial design protection is governed by the French Intellectual Property Code (Code de la Propriété Intellectuelle - CPI), which applies uniformly across all French territories, including Réunion. This means that the legal framework for industrial designs in Réunion is identical to that in mainland France.
🛡️ Legal Framework
Industrial design protection in France, and by extension in Réunion, is primarily based on:
French Intellectual Property Code (CPI): Specifically, Book V, which pertains to designs and models.
European Union Design Law: Implemented through Directive 98/71/EC, which harmonizes design protection across EU member states.
Hague Agreement: France is a contracting party to the Hague Agreement, allowing for international registration of designs.
📝 Protection Criteria
To qualify for protection, a design must be:
Novel: The design must be new and not have been disclosed to the public prior to the filing date.
Visually distinctive: The design must create a different overall impression on the informed user compared to existing designs.
Designs that are solely dictated by technical function or that must be reproduced to interconnect with another product are excluded from protection.
📅 Duration of Protection
Registered designs are protected for an initial period of 5 years, which can be renewed in 5-year increments up to a maximum of 25 years.
🖋️ Registration Process
Designs can be registered with the National Institute of Industrial Property (INPI), the French national authority responsible for intellectual property. The registration process involves:
Filing: Submitting an application to INPI, including representations of the design.
Examination: INPI examines the application for compliance with formal requirements.
Publication: Upon acceptance, the design is published in the official Bulletin of Industrial Property.
It's important to note that the Hague System allows for the international registration of designs, and France's participation in this system facilitates protection across multiple jurisdictions.
⚖️ Enforcement and Legal Remedies
In the event of infringement, the owner of a registered design has the exclusive right to prevent unauthorized use. Legal actions can be initiated through French courts, and remedies may include:
Injunctions: To stop the infringing activity.
Damages: Compensation for losses suffered due to the infringement.
Seizure of infringing goods: Through the procedure known as saisie-contrefaçon, which allows for the seizure of counterfeit goods without prior notice to the alleged infringer.
🌐 International Protection
As a member of the Hague Agreement, France provides a mechanism for international design protection. This allows designers in Réunion to register their designs internationally through a single application filed with the World Intellectual Property Organization (WIPO), designating multiple countries for protection.
📝 Summary Table
| Aspect | Details |
|---|---|
| Legal Framework | French Intellectual Property Code (CPI), EU Design Law, Hague Agreement |
| Protection Criteria | Novelty, Visual Distinctiveness |
| Duration of Protection | Initial 5 years, renewable up to 25 years |
| Registration Authority | National Institute of Industrial Property (INPI) |
| Enforcement Mechanisms | Legal actions through French courts, including saisie-contrefaçon |
| International Protection | Available via the Hague System |
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