Copyright
When designing and making a product, an exclusive right to the design of that work, the product, arises by virtue of law. The author is the one who obtains this exclusive right, because he has made free and creative choices as a result of which the product was created. Copyright means that the person who can be regarded as the author has the exclusive right to determine what does and does not happen to the product. May it be reproduced, for example? Or may it be distributed? The author decides.
Model right
A model is a two- or three-dimensional object, which is new, has its own character and is not determined by technique. It is therefore only about external characteristics of the object, determined by colour, shape, material, etc. The technical functioning of the object is protected by a patent and therefore does not fall under model laws. The purpose of design protection is to "protect objects that are not only new and individualised, but also have a utilitarian character and are intended to be produced on a large scale". This deviates from copyright, which protects the author's right.
Copyright on a design
The Court of Appeal has ruled that a design can also be subject to copyright, which means that the design can be subject to two intellectual property rights: copyright and design right. In accordance with Article 17(2) of the Charter of Fundamental Rights of the European Union and various directives, the Court has reached this conclusion. Designs can be considered to be a work of art if they fulfil the requirements thereof, which means that they are protected by copyright.
Distinction between copyright and model right
In the event of a concurrence of copyright and design claims, a court will never actually make a distinction between the two. The question is therefore what the added value is of relying on model rights as a supplement to copyright. Model right have a number of advantages over copyright, which are important in this context. The most important advantage is the fact that model rights are registered. This creates clarity about the origin of the design right and ensures fewer problems with regard to the burden of proof. The register in which the model right is registered is public, so that the model right is clear to everyone.
Benelux Office for Intellectual Property (BOIP)
By registering your design with BOIP, you can obtain the exclusive right to this design and protect it against use or misuse by/of others. The registration of the design is valid for 5 years and can be renewed each time for another 5 years, with a maximum of 25 years.
Contact
Do you have questions about the confluence of model right and copyright, would you like to be helped with the registration of one or the other, or can we be of service to you in another way? Please feel free to contact us! We will be happy to see what we can do for you!