Industrial Design Registration Legal Services

Sistem Patent’s legal team provides legal counsel on industrial design matters, covering protection before, during, and after registration, and infringement cases alongside it.

Scope of design registration law

The rights that come out of an industrial design registration are defined clearly by the Industrial Property Code (Law No. 6769). Within that legal framework, the protected rights break down as follows:

Usage right

• The exclusive right to use granted to the design owner.
• Third parties cannot use the design without the owner’s permission.

Infringement and assignment

• Defining the limits of rights under design registration.
• Detecting infringement and unauthorized use.
• Extending rights through licensing.

Suits and claims available to the design rights holder

Sistem Patent supports the legal steps for protecting design rights. The suits and claims the rights holder can bring include:

Criminal complaint and seizure

• Filing a criminal complaint with the prosecutor’s office to seize counterfeit products.
• Starting proceedings against counterfeiters.

Detection and suspension of infringement

• Action to establish the infringement.
• Suspending and remedying the infringing act.

Material and moral damages claims

• Claims for material and moral damages caused by infringement.
• Seizure of the equipment used to produce the infringing design.
• Customs seizure of counterfeit products.

Damages calculation

When design rights are infringed, the calculation of damages is a central part of the process:

Establishing lost earnings

Calculating the earnings the design owner would have made without the infringement.

Moral damages claims

Calculating the moral damages that can be claimed when a design has been misrepresented or harmed.

Sistem Patent is with you through every step of design registration law, from pre-filing strategy through post-registration enforcement. Our team takes the legal steps needed to protect your rights and gives you the right response when infringement comes up. Get in touch for details or to schedule a consultation.