Industrial Designs Law in Saint Pierre and Miquelon (France)
In Saint Pierre and Miquelon, a self-governing territorial collectivity of France, industrial design protection is governed by French national law and European Union regulations, as applicable. While Saint Pierre and Miquelon does not have its own separate industrial design legislation, it adheres to the legal frameworks applicable to France and the EU.
ποΈ Legal Framework
Saint Pierre and Miquelon falls under the jurisdiction of France, and as such, industrial design protection is primarily governed by:
French Intellectual Property Code (Code de la PropriΓ©tΓ© Intellectuelle): Specifically, Book V, which addresses industrial designs.
European Union Design Regulation: Provides a unified system for design protection across EU member states.
International Treaties: France is a signatory to the Hague Agreement Concerning the International Deposit of Industrial Designs, administered by the World Intellectual Property Organization (WIPO).
ποΈ Definition of Industrial Design
An industrial design refers to the ornamental or aesthetic aspect of an article, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character, distinguishing them from existing designs.
β Registrability Criteria
To qualify for protection, an industrial design must:
Be new: Not have been disclosed to the public prior to the filing date.
Have individual character: Differ significantly from existing designs, so that the informed user perceives it as a different overall impression.
Not be dictated solely by technical or functional considerations: The design must not be exclusively determined by the technical function of the article.
β³ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The design can be renewed for four additional periods of 5 years each, allowing for a maximum total protection period of 25 years.
π Application Process
The process for registering an industrial design in Saint Pierre and Miquelon is the same as in France and the EU:
Filing: Submit an application to the National Institute of Industrial Property (INPI), including:(Wikipedia)
Representations of the design (drawings or photographs).
Description of the design.
Applicant's details (name, address).
Power of Attorney (if filed by a representative).
Examination: The INPI examines the application for compliance with formal requirements.
Publication: If the application meets all requirements, the design is published in the Official Journal.
Registration: In the absence of opposition, the design is registered, and a certificate is issued.
βοΈ Rights Conferred by Registration
Registration confers on the owner the exclusive right to use the industrial design in France, including Saint Pierre and Miquelon. Use by any person other than the registration owner requires the owner's consent. "Use" includes the manufacture, sale, or import, for commercial purposes, of items incorporating the design.
π Assignment and Licensing
Assignment: The owner of a registered industrial design may assign the rights to another party through a written contract.
Licensing: The owner may grant licenses to third parties to use the design.
Recordal: Assignments and licenses must be recorded with the INPI to have effect against third parties.
π‘οΈ Enforcement and Legal Remedies
The owner of a registered industrial design has the right to take legal action against any person who uses the design without authorization. This includes the right to seek remedies such as injunctions and damages.
π International Protection
Saint Pierre and Miquelon is part of the French Republic and is covered by the Hague Agreement Concerning the International Deposit of Industrial Designs. This allows applicants to seek protection for their industrial designs in multiple countries through a single international application filed with the World Intellectual Property Organization (WIPO).
π Practical Considerations
Language: All application documents must be submitted in French.
Representation: Non-residents are required to appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 12 to 18 months, depending on the complexity of the application.
Fees: Fees are payable upon filing and renewal.
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