Obtain advice on design protection

When a design is used without right, its owner has several options for protection. In particular, they can turn to the civil or criminal judicial authorities. Before doing so, however, it is advisable to contact the usurper to try to reach an agreement and, if necessary, to give him formal notice to cease all unauthorized use.

Sometimes a protected design is used without right. In such cases, the owner of the design can take the case to court to have the use stopped, or even prohibited as a preventive measure, and claim damages and, depending on the circumstances, compensation for moral prejudice from the usurper.

It also happens that a person registers a design when he or she has no right to do so. In this case, the real owner of the right can file an action for assignment of the design, and at the same time claim damages and compensation for moral prejudice from the usurper.

Generally speaking, it is also possible to file a criminal complaint directly for infringement of design rights or fraudulent use.

The steps to be taken vary according to the circumstances. A simple discussion with the usurper is sometimes enough to settle a dispute without having to resort to legal proceedings. If this is not the case, civil and/or criminal proceedings may be the solution.

Legalify offers assistance for the protection of your designs against unauthorized use. Contact our lawyers for more information.