Contrary to Benelux and registered Community designs, the unregistered Community design allows action to be taken in case of slavish imitation. It does not offer the possibility of action against identical or similar designs which are independently made by another creator.

Although ultimately dependant on registration, rights start from the date of application. On the basis of the application document, it is possible to take action against counterfeiting of your design by asking a judge to take conservatory measures.

A third party is copying my design. What should I do?

It is important to react as quickly as possible in order to preserve your rights.

An important advantage of the Community design (registered or not) is that individual National Community Design Tribunals have jurisdiction over counterfeiting in any EU Member State, so that in case of counterfeiting in different countries of the EU, it is consequently not necessary to take separate legal action in each affected State.

Thanks to registration of your design it is possible to quickly put an end to the circulation of counterfeit products, which are often of a bad quality and which, in certain cases, can be dangerous.

Moreover, you can also anticipate possible infringements of your rights by introducing an application for action with the relevant customs authorities so that monitoring of your rights is assured at the borders.