The owner of the design right can take action against a competitor for launching a product that creates the same overall impression as the owner's registered design. The product must differ substantially from the owner's design. The designer's scope for artistic licence in creating the design is of the essence here. For instance, a designer may need to make allowance for the technical requirements of a product when designing it and may therefore have limited options when designing the shape and appearance of the product.
The scope of protection of a design is contingent on the following factors:
The Benelux and EU patent authorities do not check whether design applications potentially conflict with previously registered designs. To prevent design infringement, we recommend closely monitoring the market and engaging our services at the earliest possible stage of design development.
If you are interested in us advising you, please contact one of the NLO Shieldmark attorneys here www.nlo.eu/en/experts