Image, shape and appearance are decisive factors in determining the appeal of a product on the market. This clearly applies to sectors in which aesthetics are a primary product attribute, such as fashion, furniture and jewelry, but it also applies to technology products in which aesthetics are a determining factor for commercial success. For example, design plays a relevant role for graphical user interfaces.
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Our design applications facilitate registration in any country, significantly reducing the associated costs and limiting the risk of rejection. All this is made possible by our blend of technical and legal expertise, enabling our design applications to meet the different validity requirements of various jurisdictions, thus achieving excellent levels of protection worldwide.
Discussing the best prosecution strategies before preparing the design application is the best way of optimising costs, timeframes and scope of protection.
We assist with the invalidation of Community Designs. This important element of a commercial competition strategy takes place entirely in writing and is relatively quick, taking only a year or so for each stage of the proceedings.
We offer clients a wide range of services aimed at monitoring the design applications filed by competitors and their prosecution in the various countries where they are registered. This prevents possible infringement of the rights of third parties, and allows us to initiate prompt invalidity proceedings whenever necessary.
We adopt various systems to search for and identify counterfeit products on the web. Through the use of sophisticated software for comparing images, it is possible to detect the existence of products that infringe our clients’ registered designs. In such cases, we take action to have such products removed from the web.
We search for any prior art so as to ensure new designs are registered with an adequate level of protection, minimising the risk of objections from the patent offices of the various jurisdictions.
An important part of our work is to conduct “Freedom to Operate” analyses, offering clients suggestions and advices on how to minimise the infringement risks, design around third parties’ design rights and take action against the latter whenever necessary.
In the event of a design being infringed in a particular jurisdiction, it is possible to file a lawsuit with the competent court. This activity is conducted directly by the Studio Torta industrial property consultants, in close collaboration both with its internal lawyers and with external ones operating in the relevant jurisdiction.
Being instantly intelligible, design is particularly effective in blocking counterfeit and pirated goods at Customs. By using the various platforms available for filing applications for action with the Customs authorities (for example, the Enforcement Database), we can promptly notify the officers responsible for combating counterfeiting and piracy at the national and EU level.