Article L512-3 of the French Intellectual Property Code
An applicant or holder of a filing who has not complied with the prescribed time limits may, if he can show a legitimate excuse, be relieved of any forfeiture he may have incurred.
An applicant or holder of a filing who has not complied with the prescribed time limits may, if he can show a legitimate excuse, be relieved of any forfeiture he may have incurred.
The registration of a design is declared invalid by a court decision: a) If it does not comply with the provisions of articles L. 511-1 to L. 511-8; b) If its owner could not benefit from the protection provided for in article L. 511-9 ; c) If the design infringes rights attached to an earlier design which has been made available to the public after the date of submission of…
If the grounds for invalidity affect the design only in part, the registration may be maintained in a modified form provided that, in that form, the design meets the criteria for the grant of protection and its identity is preserved.
A court decision declaring a design to be totally or partially invalid shall have absolute effect. It is entered in the national register mentioned in Article L. 513-3.
The registration takes effect, as from the date of filing of the application, for a period of five years, which may be extended by periods of five years up to a maximum of twenty-five years. Designs filed before 1 October 2001 remain protected, without possible extension, for a period of twenty-five years from their filing date. Designs whose protection has been extended, before 1 October 2001, for a further period…
Without prejudice to the rights resulting from the application of other legislative provisions, in particular Books I and III of this Code, the registration of a design confers on its proprietor a right of ownership which he may assign or grant.
Any act modifying or transmitting the rights attached to a registered design may only be relied on as against third parties if it has been entered in the National Designs Register. However, before it has been entered, an act may be relied on as against third parties who acquired rights after the date of that act but who were aware of it when those rights were acquired. A licensee who…
In the absence of the consent of the owner of the design, the manufacture, offering, placing on the market, import, export, transhipment, use, or possession for these purposes, of a product incorporating the design shall be prohibited. .
The protection conferred by the registration of a design extends to any design which does not produce a different overall visual impression on the informed observer.
The rights conferred by the registration of a design shall not be exercised in respect of: 1° Acts performed privately and for non-commercial purposes; 2° Acts performed for experimental purposes; 3° Acts of reproduction for illustration or teaching purposes, if these acts mention the registration and the name of the holder of the rights, comply with fair trade practices and do not prejudice the normal exploitation of the design; 4°…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.