Support in the new GDPR General Data Protection Regulation

On May 25th, the GDPR (General Data Protection Regulation) came into force in the European Union. This regulation may be consulted on the official European Union website at https://ec.europa.eu or by clicking the following link.

Our company Gastão Cunha Ferreira is a Lisbon based organization, recognized by providing support in all matters related to Intellectual Property to our clients and partners in different jurisdictions.

We have more than 80 years of professional experience in counseling on these matters, both in Portugal and in the territory of the European Union.

We will be happy to support your activity in turning your organization compliant with the new GDPR Regulation. Contact us through the email [email protected] or by telephone at 00 351 21 882 3990 for more information.

Make the most of your Design

Designs

We register national, international or community designs with the Respective Official Office and monitorize all necessary proceedings up to its grant.

Whats is a Design?

Registered designs protect the outer appearance of a product, that results from its lines, contours, colors, ornamentation, form, texture or material, provided that the mentioned appearance is novel and has individual character.

It does not take into account its technical of functional characteristics.

Requirements for protection

Designs are eligible for protection if they fulfil the two requirements of novelty and individual character.

Designs that are not completely new but are a new combination of known elements are also eligible for protection by Registered Design.

Novelty

A Design is novel if, before its filing date, no other design has been made known to the general public.

Individual Character

In order for a design to be registered, it may not be confusingly similar to any other prior product.

What to protect through a Design registration? Cares to have Competitive advantages to having a Registered Design Duration of the Design How to internationalize?

APP, software and webpages layouts

Containers or packages

Complex product components

Product lines, contours and textures

Tipographical characters (fonts or lettering)

Casts

Advertisement panels art

Store, hotels, restaurants layouts

Outer appearnace of a product

Craftwork

Furniture

Priority search

Target market identification

Disruptive differentiation

Value added

Visual impact

Conveys values subjacent to the product

Market exclusivity

Anti-counterfeiting

Values finantial and intellectual investments

25 years if renewed every 5 years

Community Design

International Design

National Design in relevant jurisdictions

National Design

A registered National Design confers exclusive rights in the relevant jurisdiction.

Advantages

  • To explore or transfer the exploitation through the use of commercial licenses;
  • To gain exclusivity on the appearance of a product;
  • To turn intellectual creation into measurable assets;

 

Community Designs

Registered Design

A registered Community Design is initially valid for 5 years from the date o filing and can be renewed for 5 years periods, up to a maximum duration of 25 years.

Community Designs are protected agains similar designs, even if there was no bad-faith involved in the creation of the conflicting design.

The legal protected confered by the Registered Design is strong and can be easily enforced.

Unregistered Design

An unregistered Community Design benefits from protection for a period of 3 years from the date in which the design has been first made available to the public within the European Union. After 3 years, this protection may not be extended.

The Unregistered Community Designs grant their creator the right to prevent commercial use only towards intentional copies created by entities resorting to bad-faith, which means, entities that had previous knowledge of a prior design.

International Designs

Through a single filing the International Design will, after grant, be protected in over 62 countries or jurisdictions.

 

 

 

How do I know if my creation is a Design? It is common to confuse Patents, Utility Models and Designs. We perform technical analysis of your innovation. Contact us here: no strings attached.

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