IP/IT

Industrial designs

A design protects the appearance of an industrial or artisanal product or part of a product, namely its lines, contours, colors, shapes and textures. To benefit from this protection, it is advisable to proceed to its registration with the industrial property office of the territory on which protection is necessary (INPI for France; EUIPO for the European Union), before any public disclosure.

Registration will be granted provided that the legal conditions for protection are met.

The appearance or design of an industrial or artisanal product is a strategic intangible asset of the company, often subject to significant investments, and which it is important to protect.

JP Karsenty's lawyers assist and represent French and international companies of various sizes and sectors, before the courts, in litigations involving issues of validity and infringement of registered and unregistered designs.

JP Karsenty also advises its clients in the drafting and negotiation of contracts relating to the exploitation or transfer of design rights, but also prior to the launch of new products to assess possible risks with respect to third party rights.

 

Legal works in this area

Consultancy– Contractrual

  • Advising on the potential risks of infringement of third-party rights before launching a new product design on the market
  • Drafting and negotiation of contracts in case of using a graphic design agency
  • Drafting and negotiation of assignment contracts
  • Drafting and negotiation of license agreements

Pre-litigation – Litigation

  • Interventions in the framework of pre-litigation by drafting consultations on the chances of success of an action for infringement, nullity, on the evaluation of damages and the financial risks of proceedings etc., by drafting cease-and-desist letters, and by pre-litigation negotiations
  • Assistance in the setting up and follow-up of customs declarations for the seizure of infringing products both in France and in the European Union
  • Assistance and representation in obtaining judicial orders for seizure of counterfeit products
  • Assistance and representation in obtaining judicial protective or prohibitory measures
  • Assistance and representation in the context of litigation for infringement of registered and unregistered designs, both as plaintiff and defendant
  • Assistance and representation in litigation on the validity of registered and unregistered designs, both as plaintiff and defendant
  • Assistance and representation in litigation regarding the assertion of ownership of registered designs
  • Assistance and representation in the enforcement of court decisions

Track records

  • Advising a private legal entity following the receipt of a cease-and-desist letter challenging one of its products, including an analysis of the legal and financial risks involved in a possible litigation, and assistance in negotiating an amicable solution
  • Counsel and representation of a player in the automotive sector for the defense of a registered design protecting the appearance of a vehicle in the context of an infringement action, after having obtained a seizure for infringement
  • Counseling and representing a player in the optical industry in an infringement action for counterfeit and unfair competition brought against some of its eyewear models
  • Counsel and representation of an e-commerce platform in an infringement action for infringement and unfair competition brought against the marketing of a furniture product
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