Designs

A comprehensive vision of designs

Simont Braun assists clients in identifying which features of the product or its presentation can be protected, taking into account client’s global strategy and objectives under the different applicable legal regimes (copyright, unregistered design, registration, trademark and fair trade practices). 

We cooperate with communications agencies and other professionals depending on clients’ needs regarding the creation, protection and exploitation of designs. 

Contracts, litigation and enforcement of designs

We manage the contractual issues arising from the creation process and the exploitation of design creations, taking into account corporate and tax aspects.

We defend the design registration in court (including the EU General Court and Court of Justice) when challenged by competitors. We also assist clients with their design enforcement issues. 

When disputes or claims arise, we always adopt a solution-oriented approach. We try to favour out-of-court options such as negotiation, mediation or arbitration, in which we have a broad experience.

Our lawyers also regularly assist clients in judicial procedures, including before the Belgian Supreme Court and the EU courts. 

Our team also provides opinions and transactional work for R&D schemes, licencing schemes, transfers, distributorships, branding, etc.

Some recent projects

• Successful enforcement of the registered design rights held by a French manufacturer of accessories for the cooling industry in a multi-jurisdictional context (France and Belgium);
• Defence of a decorative panel manufacturer in the building sector against claims of infringement;
• Obtaining cancellation by the EUIPO of several registered designs due to infringement of a prior copyright in France;
• Successful defence (including before the Supreme Court) of a Scandinavian jeans manufacturer against a copyright infringement claim brought by a French designer.