Designs and models attorney
Design is an asset. Protect it.
Our firm is distinguished by its deep expertise in design and model law. Thanks to our extensive network of partners and experts, we can offer effective protection in different countries, thus guaranteeing the security of your designs and models on global markets.
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Our services
How we can help you.
Practical examples
Protection of furniture design copied by a retailer
A furniture designer found a major retailer selling a near-identical copy of their iconic chair. Using the registered Community design, product withdrawal and €60,000 in compensation were obtained.
International filing of an innovative packaging design
A cosmetics brand wanted to protect its original bottle in 15 countries. A filing strategy through the Hague system was developed and protection secured in all targeted territories.
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“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
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Insights
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What is a designs and models attorney?
Design law protects the appearance of a product (shape, colors, contours, ornamentation) after filing with INPI or EUIPO, for a maximum of 25 years.
Governed by Book V of the French IP Code and Regulation (EC) No 6/2002, it cumulates with copyright when the creation is original, offering a tailored strategy for designers and manufacturers, all the way to litigation defence before civil courts and EUIPO.
Personalized legal advice.
Our firm offers personalized legal advice to meet your specific needs in design and model law. Whether you are an individual creator or a business, we guide you through the intricacies of this field.
Design and model filing and registration.
We assist you in the filing and registration process for your designs and models, ensuring your rights are properly registered and protected.
Management and defense of your rights.
Managing and defending your rights is at the core of our concerns. In case of violation, we implement necessary actions to protect your interests and defend your rights in court.
Counterfeiting and unfair competition actions.
In case of counterfeiting or unfair competition, we intervene quickly to enforce your rights and obtain appropriate compensation for damages suffered.
Protection in France and internationally.
Whether you need protection in France or internationally, we ensure your rights are respected wherever you are.
The Legal Framework for Designs and Models.
Design and model law is governed in France by Articles L.511-1 to L.511-4 of the Intellectual Property Code (Code de la propriété intellectuelle). To benefit from protection, a design or model must satisfy two cumulative conditions: novelty (Article L.511-3 CPI, no identical design must have been disclosed to the public previously) and individual character (Article L.511-4 CPI, the overall visual impression must differ from that produced by any previously disclosed design). At the European level, Community Regulation No. 6/2002 of December 12, 2001 establishes a dual protection system: registered Community design (protection up to 25 years in 5-year periods, via filing with EUIPO) and unregistered Community design (3-year protection from first disclosure in the EU, against slavish copying only). The international Hague System, administered by WIPO under the 1999 Geneva Act, enables protection in multiple countries through a single filing.
Cumulative Protection: A Tailored Strategy.
One of the major advantages of French law lies in the ability to cumulate several protection regimes for the same creation. Copyright protects original creations without filing formalities, for 70 years after the author's death (Article L.123-1 CPI). Design and model law offers protection for 5 years, renewable up to a maximum of 25 years.
A three-dimensional trademark can protect the shape of a product indefinitely, subject to decennial renewals.
The Cofemel ruling (CJEU, September 12, 2019, C-683/17) clarified the articulation between these regimes at the European level, confirming that the sole criterion for copyright protection is originality, thus dismissing the requirement for a 'degree of creativity' or additional 'aesthetic effect.' This cumulation of protections constitutes an essential strategic tool for creators and businesses, enabling legal defense to be adapted to each situation: design counterfeiting action (proof facilitated by registration), copyright infringement action (longer protection duration), or unfair competition action (subsidiarily).
Monitoring, infringement and international strategy.
Design protection does not stop at registration: it requires active market monitoring, an infringement defense policy and reflection on geographical extension based on target markets.
The design infringement action.
The holder of a registered design may bring an infringement action before the specialized judicial courts (IP Code L.521-1 et seq.). The assessment of infringement is based on the overall visual impression produced on the informed observer, and not solely on distinctive elements. The degree of freedom of the creator in developing the design is taken into account.
The saisie-contrefaçon (IP Code L.521-4) remains the reference evidentiary tool.
International extension via the Hague System.
The Hague Agreement, administered by WIPO, allows protection of up to 100 designs in more than 90 contracting States through a single centralized filing.
Initial protection is 5 years, renewable up to 15 years (sometimes more depending on national legislations). This route is particularly suited to exporting companies wishing to secure their creations on several markets without multiplying national filings.
Cumulation with unfair competition and parasitism.
Where infringement is not characterized (unfiled creation, invalid filing, or different overall impression), the action for unfair competition and parasitism based on Article 1240 of the Civil Code offers an alternative route.
It sanctions the fact for an economic operator to position itself in the wake of another to free-ride on its investments and notoriety. This action may be combined with the infringement action provided distinct facts are characterized.
What changes with the new EU design package (2024)?
Regulation (EU) 2024/2822 and Directive (EU) 2024/2823, adopted on 23 October 2024, modernise the EU design framework.
Key changes include a renamed system (EU design instead of Community design), a clarified definition extending protection to digital designs, animations and metaverse assets, a streamlined fee structure, and a new repair clause harmonising the spare-parts exception across Member States.
Application of the regulation began on 1 May 2025; Member States have until 9 December 2027 to transpose the directive. Our firm files designs before EUIPO and INPI, audits portfolios for the new system, and litigates infringement actions before the Tribunal judiciaire de Paris and the EU Intellectual Property Court.
Cumulating design, copyright and trademark protection.
A creative work may cumulate design protection (max 25 years), copyright (life + 70 years) and three-dimensional trademark protection (renewable indefinitely). Each layer has distinct conditions: novelty and individual character for designs, originality for copyright, distinctive character for trademarks.
INFLUXIO designs cumulative strategies that maximise duration and enforcement leverage.
Counterfeit enforcement and customs seizure.
Regulation (EU) 608/2013 allows rights-holders to file customs applications for action across all EU borders. Combined with seizure-counterfeiting procedures (Article L.521-4 CPI) and emergency injunctions, design holders can swiftly stop infringing imports and obtain damages calibrated on lost profits, infringer's profits and moral prejudice.
Design protection strategy and unitary EU design.
Design law protects the appearance of products: lines, contours, colours, shape, texture and materials (Article L. 511-1 IPC, EC Regulation 6/2002). Two complementary regimes coexist: registered Community designs (RCD), valid up to 25 years, granting an exclusive right against any design producing the same overall impression on the informed user; and unregistered Community designs (UCD), automatic but limited to 3 years and only against copying.
The reformed Design Regulation (EU) 2024/2822, applicable from 1 May 2025, modernises filing procedures, extends scope to digital designs (avatars, GUI, metaverse assets) and clarifies the repair clause for spare parts.
Filing strategy: national, EU or international (Hague).
We help clients arbitrate between INPI (national), EUIPO (Community), and WIPO Hague System (international, currently 79 contracting parties). Multiple deposits in a single filing reduce costs by up to 60% versus separate national filings.
Design vs copyright cumulative protection.
France applies the unity of art principle: a design can simultaneously enjoy copyright protection if original (Cassation, Cogedipresse, 7 March 1986). This double protection is decisive in litigation strategy and damages calculation.
Useful glossary in designs.
- EUIPO
- European Union Intellectual Property Office, based in Alicante, manages EU trademarks and EU designs (renamed from « Community design » by Regulation 2024/2822).
- Individual character
- protection criterion requiring that the overall visual impression on the informed user differs from the prior art (Article 6 CDR).
- Seizure-[counterfeiting](/en/avocat-contrefacon)
- evidentiary procedure (Article L.521-4 CPI) allowing a design holder to record infringement without alerting the infringer.
Tailored support
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FAQ
Frequently asked questions.
Yes, it is possible to protect a design or model internationally by filing with competent authorities, including WIPO (global) and EUIPO (European).
In case of unauthorized use violating design protection, you can pursue counterfeiting actions to enforce your rights. Our firm also defends your registered trademark with INPI or EUIPO.
A designs and models attorney is an industrial property expert who accompanies you in filing and registering your creations and intervenes in case of counterfeiting or disputes.
A registered design in France (INPI) or Europe (EUIPO) is protected for an initial period of 5 years from filing, renewable in 5-year periods up to a maximum of 25 years. An unregistered Community design benefits from 3 years of protection from its first disclosure in the EU.
Registered designs (Book V of the IP Code) protect the appearance of a product after filing with INPI or EUIPO, for a maximum of 25 years. Copyright (IP Code L.111-1) protects original creations without formality, from creation, for the author's lifetime plus 70 years. The cumulation principle (IP Code L.513-2) allows simultaneous protection under both regimes.
A national filing at INPI costs €39 for one design (electronic option), with additional reproduction taxes (€45 per additional reproduction). A Community filing at EUIPO starts at €350 and covers the 27 EU Member States. The procedure typically takes 2 to 4 months for national registration. The right is renewable in 5-year periods.
Several routes remain open: copyright protection if the creation is original, action for unfair competition or parasitism (Article 1240 of the Civil Code), and reliance on the unregistered Community design, which provides automatic protection for 3 years against slavish copying within the EU (Regulation (EC) no. 6/2002).
Yes. A Registered Community Design (RCD) filed at EUIPO under Regulation (EC) No. 6/2002 grants uniform protection across all 27 EU Member States with a single filing, starting at €350 for one design. Protection lasts 5 years, renewable up to 25 years. For broader international coverage, the WIPO Hague System allows filing in over 90 contracting States through one centralized procedure.
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In short
INFLUXIO is a law firm specialized in designs and models, based in Paris. INPI and EUIPO filing, industrial design protection, counterfeiting defense, IP litigation and portfolio strategy.
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