Step number | Step corresponding information |
step 1 | Prepare your design application The graphic and photographic reproductions are the central part of the deposit. They must be presented by direct drawing or joining on the supports placed at your disposal at the INPI. Each reproduction must relate to only one object and represents only this one (do not represent other objects, accessories, people or animals). For the drawings affixed on not very thick materials (wallpapers, fabrics…), samples can be stuck or fixed on the supports. Your illustrations must present an accurate and complete picture of your design. As they are central part of the application, you should be very careful with quality and choice of views. If you need to explain any design features which cannot be clearly seen in your illustrations, you may include a brief description. If you do so, be careful not to indicate the design features of the object nor the manner of using it. The drawings or models do not protect these characteristics which can moreover involve its nullity. |
step 2 | The registration application, to withdraw at the INPI, must be typed with the machine. You must fill in all the headings applicable to your case and only those. The justification of the payment of the fees must be produced as of the application. For your application, you have the choice between the INPI offices and commercial court grafts to which you belong, or jurisdiction grafts ruling in commercial matters. You have the possibility to make a simplified application, if you are an industry which renew frequently your collections. The reproductions do not have presentation demands and you only have to pay for the application fee (no reproduction fees). |
step 3 | Your file will be the subject of an administrative checking by the qualified services of the INPI before the reproductions are published. |
step 4 | After this examination, there will be a publication in the Bulletin Officiel de la Propriété Industrielle (BOPI). The public can see a specimen of the reproductions of your design or model in the Paris INPI office. This publication can be immediate or be differed. It is your choice, according to strategic or commercial considerations. If you do not want to exploit your creation immediately, you can delay the publication during three years at the maximum. Be careful, as if you have made a simplified application, the publication is automatically differed. If you want your creation to be published, you have to notify it in writing and to pay fees for reproductions. |
step 5 | Your drawing or model is now protected. This mention does not have a legal authenticity. It only recalls that the sign is protected and that the counterfeiter incurs sanctions. In France, your design or model is automatically protected by copyright. The registered design protection is an additional protection. |
Step | Fees (€) | Comments | |
Standard Filling Fees | 38 |
- 22€ : Reproduction (black& white)
- 45€ : Reproduction fee (colour)
Defensive Actions
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my design?
Any interested party can file an application for declaration of invalidity of your design,
Can I file an application for declaration of invalidity of someone else’s design?
Yes, you can file an application for declaration of invalidity of someone else’s design,
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
The deadline is 30 years or 10 years (if the commercial law applies)
Where can I file an application for declaration of invalidity of someone else’s design?
Application for declaration of invalidity must be filed before a Court,
Who will take a decision on the invalidity?
The Court will take the decision on the invalidity,
Objection
Proactive Measures
Action for damages
General information
Is an action for damages available in your country?
Yes, you can file an action for damages in France.
Against whom to bring action for damages?
Action for damages can be brought against any person who has infringed your rights
Can someone bring an action for damages against me too?
Yes, if you don’t respect the rights of third persons, they can bring action for damages against you.
To what kinds of IP rights do actions for damages relate?
Actions for damages can be related to patents, trademarks, designs (registered and non registered), copyrights, plant variety certificates,
Are there specific deadlines/timesframes which I have to observe in connection with an action for damages?
Yes, the deadline is about 3years counted from the counterfeiting acts concerned; about 10 years if the rights infringed are coyprights,
Who will take a decision on the legitimacy of an action for damages?
A court will take the decision on the legitimacy of the action for damages,
Do I need a legal adviser to bring an action for damages?
Yes, a legal adviser is compulsory,
Customs Seizure
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
Low
Medium
High
Direct links to ths useful formulars :
• How to file or withdraw a design
• How to register a transmission or a correction of the rights in the national register
The registration of your design or model can last a maximum of 25 years.
However, if you want this to happen you must renew it every 5 years.
The cost of renewing a design is 50
Year | Standard fees (€) | Reduced fees (€) | Comments |
5 | 50 | ||
10 | 50 | ||
15 | 50 | ||
20 | 50 |