Develop an IPR strategy

Searches and preliminary evaluations: Registered designs

In many countries registered design applications are only given a formal investigation prior to registration of the design, i.e. the novelty and differentiation of the design being registered is not compared to previously registered designs. This is also the practice at the Office of Harmonization for the Internal Market (OHIM), which serves as the registration authority for Community trademarks and designs.

It is for this reason that a right holder cannot be sure that the design has been registered based on proper grounds, i.e. that no registered design application has previously been submitted for the same or a similar design. Consequently, the novelty and originality of a design should be determined before submitting a registration application by conducting a preliminary examination.

Examination of obstacles to manufacturing and marketing

Some country or countries may also have a registered design, which represents an obstacle to your business. A examination of obstacles to manufacturing and marketing helps anticipate risks, thus allowing you to make the right decisions in time.

The examination result can also provide invaluable information, based on which you can, if desired, file a claim against your competitor's registered design or submit an application pronouncing a registered design based on false grounds null and void.