Designs: Protecting the Design of Your Products

Design is a key differentiating factor.
Shape, appearance, aesthetics: the visual aspect of a product can be a decisive competitive advantage.
Without protection, your creations can be copied more easily.
LAZULI assists companies, designers, and creators in protecting, exploiting, and enforcing their designs.

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The name “LAZULI” refers to lapis lazuli, a semi-precious stone symbolizing value and durability.
This name reflects a vision of intellectual property: a creation is not merely an idea, but a value that is built, preserved, and defended over time.

Lazuli Law Firm’s Areas of Practice

Trademark Law

Copyright & NEIGHBOURING Rights

Copyright & AI

Influencer Law & E-reputation

Image Rights & Privacy

Infringement & Unfair Competition

Designs

Domain Names

Other Areas of Expertise

What is a design?

A design can be two-dimensional (“dessin“) or three-dimensional (“modèle“). For example, he pattern of a cloth can be protected as a dessin and the shape of a piece of furniture can be protected as a modèle. In both cases, the law protects the appearance of a product, including:

  • Shapes
  • Lines and contours
  • Texture
  • Patterns

It does not protect the technical function, only the visual aspect.

Why protect a design?

Without protection through registration with the INPI or the European office (EUIPO):

  • Your creations can be more easily copied
  • It becomes more difficult to take legal action
  • Your competitive advantage is weakened
  • You must rely on copyright law and therefore prove the originality of your product

With protection:

  • You benefit from exclusive rights of use
  • You can take action for design infringement
  • You enhance the value of your product and your company by strengthening your intangible assets portfolio

Conditions for Protection

To be protected, a design must be:

  • New
  • Have individual character

Prior disclosure may compromise protection. It is possible to file while deferring publication to third parties in order to maintain confidentiality.

Design Registration

A design can be filed:

  • With the INPI (France)
  • With the EUIPO (European Union)
  • Internationally, based on a French or EU design

Steps:

  1. Verification of novelty
  2. Preparation of visuals (drawings or photographs/3D renderings from multiple angles)
  3. Filing
  4. Registration

A tailored strategy is essential to optimize protection.

What is the duration of protection?

  • 5 years from the filing date (or 10 years if the first renewal is paid in advance)
  • Renewable every 5 years, up to a maximum of 25 years

Unregistered Designs

EU law provides protection without registration, in particular following first disclosure (website, social media, trade show, or fashion show).

Limitations:

  • Shorter duration (3 years from first disclosure, no possibility of renewal)
  • More difficult to prove your rights
  • Less effective protection

Design Infringement

Has a similar product appeared on the market?

Possible actions:

  • Cease-and-desist letter
  • Seizure of evidence (saisie-contrefaçon), a form of “civil perquisition”
  • Legal action: preliminary injunction in infringement matters or action on the merits for design infringement

Protection Strategy

Effective protection may combine:

  • Design rights
  • Copyright
  • Trademark law

A comprehensive approach helps strengthen legal security.

EXAMPLES OF CASES HANDLED

Over the past few years, Jérémie LEROY-RINGUET has notably:

  • Filed French and EU designs, particularly for furniture and funerary monuments;
  • Drafted design assignment agreements for the benefit of his clients, who are also the employers of the designs’ creators
  • Advised his clients on international filing strategies

Support from Lazuli

The firm assists:

  • Companies
  • Designers
  • Creators
  • Startups

With:

  • Protection strategy
  • Design registration
  • Risk analysis
  • Litigation (design infringement)
  • Enhancement of creations

Objective: secure your designs and protect your competitive advantage.

Would you like to protect the design of your products?

Contact Lazuli

FAQ – Designs

It is the protection of the appearance of a product.

Yes, to benefit from strong protection and take effective action.

The cost depends on the number of designs and the territory.

5 years, renewable up to 25 years.

Yes, in certain cases, but the protection is limited.

Copyright protects a work and does not require registration.
Design rights protect the appearance of a product and require registration.
Both protections may be relied upon, depending on the rights holder’s choice and strategic considerations.

It is recommended to act quickly (cease-and-desist letter, seizure of evidence, legal action).

Yes, it is even recommended.