Register industrial design in France

France is known as one of the leading countries for design and creativity, with a long history and tradition in the field of art and aesthetics. This creates a great advantage for the development of industrial designs in France in many fields. France is the fashion capital of the world, with famous brands such as Chanel, Dior, Louis Vuitton,… This powerful fashion industry creates a great demand for new, unique and innovative designs for clothing, shoes, bags, and other accessories. The French have a refined aesthetic taste and value living space. As a result, the field of interior design and decoration is very developed, with a variety of styles, styles, and materials. French furniture and décor products are often appreciated for their aesthetics, quality, and sophistication. In the field of packaging design, the creativity and exquisite taste of the French people are also evident in the field of graphic design and packaging. French products often have beautiful, impressive packaging designs and attract consumers. France has many world-famous architectures, from ancient castles to modern buildings. French architecture is famous for its harmony between classical beauty and modern creativity. This creates a favorable environment for the development of industrial designs in the field of architecture and urban design. Therefore, more and more individuals and organizations need to register industrial designs in France under Intellectual Property Code 2024, Viet An Law would like to guide customers through the article below.

Definition of industrial design in France

In France, industrial design is defined as the decorative or aesthetic aspect of a product. It includes the shape, lines, colors, materials, textures, and decorations of the visually appealing product. An industrial design must be new and of a distinct nature to be eligible for protection under French law.

Specifically, the French Intellectual Property Code (Code de la propriété intellectuelle) defines an industrial design as:

• New: The design must not be identical to any pre-existing design that was publicly available prior to the filing date or priority date of the design application.
• Distinctiveness: The design must create an overall impression that is different to the knowledgeable user from any pre-existing design.

Conditions for Industrial design registration in France

• Novelty: The design must be new, which means that it must not be identical to any design that has been publicly announced before the filing date or priority date of the application. This includes designs that have been published, marketed, or exhibited anywhere in the world.
• Distinctiveness: The design must be distinctive, which means that it must create an overall impression that is distinct to the knowledgeable user compared to any existing design. This is assessed by comparing the design with existing designs in the same field, taking into account the designer’s freedom in developing the style.
• Not completely governed by technical function: The design is not completely governed by the technical function of the product. This means that the aesthetic aspects of the design are not completely determined by the technical constraints of the product.
• Not contrary to public or moral policy: Designs must not be contrary to public policy or ethics. This includes designs that are offensive, discriminatory, or harmful to society.

Types of industrial designs that can be registered in France

Two-way design

• Pattern: A repetitive or non-repetitive design is applied on a surface, such as textiles, wallpaper, or packaging.
• Decorative motifs: Decorative elements that enhance the appearance of a product, such as logos, graphic icons, or fonts.

Holographic design

• Shape of the product: The overall appearance or configuration of an object, such as a chair, lamp, or bottle.
• Configuration of the product: The arrangement of the parts or elements that make up a product, such as the layout of the buttons on the remote control or the arrangement of the parts in the machine.
• Product Decoration: Decorative features are applied to the product, such as reliefs, carvings, or textures.

Combining two-dimensional and three-dimensional designs

Designs that incorporate both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface as follows: Furniture, Home Appliances, Electronics, Toys, Clothing, Shoes, Jewelry, Packaging, Bottles, Containers, Graphical User Interface (GUI)

Application for Industrial design registration in France

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial design registration in France under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

A dossier includes:

Some questions in the process of registering an industrial design in France

How long is the term of protection of an industrial design?

The term of industrial design protection in France is 5 years from the date of filing, which can be extended 4 times, each time for 5 years (up to a maximum of 25 years in total).

Do I need a lawyer to register an industrial design?

While not required, having a representative attorney can help you ensure that your application is properly prepared and increase your chances of a successful application.

Are industrial designs protected in other countries?

The registration of an industrial design in France is only valid in France. If you want to protect your design in other countries, you need to file an application in those countries or through the Hague International Design Registration System.

Industrial design registration service in France of Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in France;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications in France on behalf of the industrial design owners;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in France;
• Assist in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in France.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to apply for industrial design registration in France, please contact Viet An Law for the most effective support.