What is a design right infringement?
A design right protects the appearance of a product - its shape, lines, colors or materials. Technical elements of a design are excluded from protection by design right. These can be protected by patent law. Once your design is registered, you have the exclusive right to use it. Infringement of design rights may occur if another person markets a product that closely resembles your registered design without permission or other exception for use.
Examples include:
- Imitation of a product with an almost identical design
- Use of your design in advertising, websites or packaging
- Import or sale of infringing products within the EU
- Infringement of design rights in cooperation or takeover
Our experienced litigators advise you on the right approach and take action against infringers - both in the Netherlands and internationally.
Legal steps in case of design right infringement
In a design right infringement case, you can include:
- Summon the infringer to stop selling or using immediately
- Claiming an injunction and attachment through summary proceedings
- Claim damages , access to use or profit transfer
- Expand or renew your design registration to prevent future infringements
Louwers IP&Tech Lawyers helps you with strategic considerations, enforcement and negotiation and provides a solid legal foundation.
Specialist in intellectual property and innovation
Our firm is a niche practice that focuses entirely on intellectual property, technology, and digitalization. Based in Brainport Eindhoven, we support innovative companies, designers, and manufacturers in protecting their creative works. We act as a strategic partner and ensure an effective balance between legal protection and commercial interests.
Why choose Louwers IP&Tech Advocaten
★ Experienced trial lawyers - specializing in design law and IP disputes
★ Strategic partner - legal strategy aligned with your business goals
★ Extensive in-house experience - knowledge of design, production and market forces
★ High client rating - valued for clarity and results
★ Tech & IP specialists -.
Clear and decisive guidance
Clients appreciate our direct communication and high client ratings. We break down complex IP issues to their core and provide clear, practical solutions. Whether you’re facing a potential design right infringement or seeking proactive protection for your design, we’re here to support you.
Protect your design against infringement
A design right infringement can seriously damage your business and reputation. Louwers IP&Tech Advocaten provides a fast and careful approach - from summons to proceedings - to protect your design and enforce your rights.
Do you suspect that your design is being copied, or would you like advice on registering a design or preventing design right infringement? Contact Louwers IP&Tech Advocaten in Eindhoven for expert and straightforward guidance.
