
What
is a design?
A
design corresponds to the outside shape of a product, embodied by
its characteristics, its outlines, its lines, colors, shape or
texture. We can be in presence of a design (in two dimensions) or
a model ( in three dimensions). Industrial designs are applied to
a wide variety of products of industry and handicraft: from
technical and medical instruments to watches, jewelry, and other
luxury items; from housewares and electrical appliances to
vehicles and architectural structures; from textile designs to
leisure goods.
To
be capable of protection, a design must be aesthetically original
and new. In other terms, your design must not resemble already
existing designs too closely. Design protection is applicable to
every object in every area.
However,
please be aware that contrary to patent, a design does not allow
protecting a technical or utilitarian feature of a product, but
only its outside appearance.
Why
filing a design?
Nowadays,
exactly as trademark, the shape of a product constitutes an
identifying sign which is often decisive in the acquisition
attention. As soon as your product meets commercial success, it is
not deprived of imitations. It is therefore as important to
protect the shape of our creation as its name, in order to be able
to prevent imitation of your product itself on the market and the
illegal reproduction of your investment's fruits.
Therefore,
protecting your design in countries where you produce and market
your design is important.
The
registration of your design will allow you forbidding every
unauthorized copy or imitation of this product by third parties,
and hence to give value to your investments and impose your
creativity on the market place. Your company's value and assets
will be increased by these design rights.
In
case of infringement, we help you by, firstly, sending a “cease
or desist letter” to the alleged infringer, informing him of a
possible conflict between his industrial design rights and the
alleged infringing product and asking him to cease said
infringement. If the infringement persists, the holder of
the industrial design rights could decide to take all appropriate
legal measures against the infringer, as provided for by the
applicable law.
General
Information:
In
Tunisia
a design or an industrial model registration is granted for 5, 10
or 15 years starting from the date of filing the application. A
registrant for the shorter terms has the option of applying for
the extension of the protection period by the maximum duration of
15 years.
Tunisia
is a member of the Hague Agreement Concerning the International
Registration of Industrial Designs. Designs and industrial models
are protected through registration with the competent authority;
the Institut National de
la Normalisation
et de
la Propriete Industrielle
(INNORPI). Such registration is effected without novelty
examination at the applicant's responsibility.
For
further information, please contact us at: designs@cabinet-younsi.com
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