[Mihai]

I'm wondering if anybody knows what rules apply to design protection within the EU. If you apply for it in one EU country does it apply in all EU countries? How much does it cost, what do the costs depend on?

[aitraaz]

Well, that depends on precisely what 'design' is referring to in this case. This subject is a pretty complex pandora's box. I'm pretty sure that regulations and directives vary from country to country (the eu is still trying to 'unify' them as much as possible), even costs can be pretty complicated. Here's a good place to start for EU design directives on intellectual property rights: (note 'the right to an unregistered community design' directive)

http://www.ipr-helpdesk.org/documentos/ ... 01%5D.html

This is a more generalized faq on some of these issues:

http://ahds.ac.uk/copyrightfaq.htm#faq13

Dunno if it helps, not sure what you mean by protection. Copyright? Intellectual property rights? Patent?

[Mihai]

It's relating to furniture. I think it's called design protection?

Thanks for the links, will study

edit:

Found this http://oami.europa.eu/en/design/default.htm

[jomaga]

Mihai, I have a design registered in all the EU.
You have three options (at least in Spain): only your country , all the UE, and all the world (certainly not all, some countries don't have this possibility), with, of course three very different prices. I have all the prices in my office, so Monday I'll send you all the information.

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[Mihai]

Thanks for the info (still on the war path?..) So now I'm looking at WIPO and OAMI, for EU (Office for Harmonization in the Internal Market, would make a great band name). If I want a design protection for the EU, which of these would be most appropriate?

jomaga, thanks for that, look forward to hearing how you proceeded.

[glypticmax]

Forget protecting your designs in the US, regardless of what you file in Europe or here in the US.
In the States you can copywrite your 2D design, but that does not protect the duplication of the resulting 3D object. Jewelers, furniture designers, product designers etc are basically screwed if they come up with something fabulous and somebody bigger than them wants to make and it sell it.
Historically, our courts interpret the law in favor of *commerce* meaning big guys making more money vs the protection of exclusive products designed by artists purchased by people with disposable income and good taste.
That being said, you should always copywrite your designs. Its cheap and easy in the US. Do a Google search. Or PM me and I can get the papers from the office across town and send them to you. I'm sure that would be quicker than expecting them to mail the papers to Europe.
What filing in the US does is give you options when somebody takes your EU copywrited design, makes it in China and sells it in Wal-Mart. How you exercise those options is the big question. If you don't file, you have no options.
Like locks on your doors might keep thieving kids from walking into your house, but no lock is going to keep a determined pro from breaking in.

[Mihai]

That's amazing, so in the US there's nothing like design protection? Only your 2D designs?

Found out what I wanted to know about OAMI:

1.26. What is the difference between the Community design system and the Hague system?

The Community design is a unitary system wherein one application provides design protection throughout the European Union. The right has equal value in all the Member States. The Hague Agreement is an international system, which confers national protection by filing a single application with the World Intellectual Property Organization. Within this application the States in which protection is sought must be designated. This system is applicable in some of the current and potential future EU Member States and in some other non-EU countries, in total more than 40 countries.

The main difference is that the Community design grants one right in the whole territory of the EU whereas the Hague Agreement gives the possibility to file via one centralised application several national design applications for several design rights.

So it looks like it's better to go through this system, it seems cheaper also than going through WIPO.

[glypticmax]

[quote="Mihai"]That's amazing, so in the US there's nothing like design protection? Only your 2D designs?

In the US you can copywrite designs (2D), not objects (3D).
Here, the worst thing that can happen is to win a design award or gain some national or international recognition for a design. It almost insures you will be knocked off, the market will be flooded with your work, and you will get nothing.
Check this out.........

http://72.14.209.104/search?q=cache:qXM ... =clnk&cd=4

Music, literature, plays, movies, and other things are very well protected.
Designers of *stuff* might as well kiss it off

[Hervé]

...mmm Mihai, have you tried the inpi ?

http://www.inpi.fr