When Does a Design Infringement Occur?

1. When Does a Design Infringement Occur? A design infringement occurs when a third party uses a design that is identical or creates the same overall impression as a registered design without the owner’s consent. Under the Community Design Regulation (CDR) (Regulation (EC) No 6/2002, Article 19), the rights holder can prohibit any unauthorized use […]

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Why a Comprehensive Professional Search is Essential Before Registering a Design

Before registering a design, conducting a comprehensive professional search is crucial to mitigate legal risks, ensure protection, and maximize enforceability. This process involves identifying prior designs, assessing potential conflicts, and ensuring the design meets legal requirements for protection. 1. Importance of a Professional Design Search Avoiding Infringement Risks: A search helps to identify earlier registered […]

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Design application procedure in Germany

Design registration proceedings in Germany The DPMA first checks whether all indications and documents required for the application have been received. The details of the applicant, the representation of the design and the indication of products must be submitted. It is examined whether the application complies with the legal requirements, above all, whether the representation […]

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