Our lawyers can advise you in relation to both your proposed designs and the rights of third parties. They provide the full range of design services from registration to the negotiation and drafting of design licences and any necessary dispute resolution.
Design rights can be both registered and unregistered. Because the nature and level of protection varies around the world, co-ordinated management of your design portfolio is critical.
We can help you through every step of the registration process, from advising on what can and can’t be protected, through to the filing and prosecution of the application.
The appearance of a product, the look and feel of it, is often unique and something worth protecting.
Design registration not only protects the creator of the design, but also encourages innovation in the design world. Designs can protect the shape, pattern, colour or lines of a product or a combination thereof. A registered design is the best way to ensure protection and prevent others from using the design. It will help you distinguish yourself from your competitors and add more value to your company.
Clearance, Drafting & Filing
Our lawyers can advise you in relation to both your proposed designs and the rights of third parties. We can help you through every step of the registration process, from advising on what can and can’t be protected, through to the filing and prosecution of your application.
Designs are a valuable asset - and just like any other, they should be carefully managed.
Because our designs team is global, we can manage your international designs portfolio. This will enable you to have one point of contact, and will make the whole process simpler and more efficient that it would otherwise be. Because our team works closely with our patent and trade mark teams. It will also be able to make suggestions as to other forms of protection that may be available and should be considered.
Litigating and resolving design disputes
Registering and protecting your designs are pointless unless you enforce you rights
Registration can often be a deterrent in itself, but it is more likely that you will need to actively enforce your rights.
Any disputes relating to designs are handled by designs experts in our Litigation and Alternative Dispute Resolution team. Their aim is always to help resolve disputes in the quickest and most cost-effective way possible. Where appropriate, they work with clients to devise an enforcement strategy that will enable future infringements to be dealt with efficiently.
In a particular case, we will help you determine whether there has been an infringement, establish the identity of the infringer and the location and volume of any infringing goods produced, and decide on the most appropriate means of enforcement. In some instances, where the volume or impact of an infringing product is low, a warning letter may achieve the desired result. Sometimes, it may be possible to settle the matter amicably by means of negotiation; sometimes it will be necessary to take administrative or court action.
We help you maximise the benefit of your design investment.
Having established an appropriate registration strategy and a comprehensive and effectively managed design portfolio, commercialisation is the next logical step. We provide a wide range of commercial services, including negotiating and drafting all forms of agreement, such as manufacturing and distribution agreements and licences and assignments; advising on design valuation; and carrying out due diligence exercises.