Cancellation advice

A design must be new and bear a individual character. Nevertheless, the official authorities in the Benelux and the EU do not evaluate applications on the basis of these aspects. This means that sometimes designs are registered that are not entirely new. These designs are invalid, which basically means they are considered to never have existed.

New

Each design must be new. To determine whether this is the case, both in the Benelux and in the European Union, the relevant question will be whether the design has been brought to the attention of the experts in the relevant fields within the European Economic Area (European Union, Norway, Iceland and Liechtenstein). Within the EU designs will also be considered new if they have been published or shown to third parties within no more than one year prior to the date on which the request for protection was submitted.

Individual character

Each design must have its own individual character. This basically means that the general impression a design has on the informed user (consumers and/or experts), varies from the general impression a user develops through existing, publicly available designs. In other words, a new design must clearly deviate from existing ones. One significant aspect in this regard is the freedom the designer should have in developing the design. During the design process the designer must bear in mind the functional requirements of the product which might limit the creative process. These requirements may vary per branch of industry.  

Possibilities and advice

The lawyers at Nederlandsch Octrooibureau will be pleased to advise you about the possibilities of initiating a cancellation action against a third party. Also, you may count on us in case you are being accused of holding an invalid design.