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Design

Design rights and copyright are important tools to protect interests in a wide range of businesses in many different sectors, including manufacturing, the media, publishing, online providers and software developers.

Following harmonisation and broadening of the protection afforded to business property by copyright and design rights at European level, a complex system has been created and businesses need to deal with a maze of design legislation. Designs may be protected by copyright and up to four different types of registered and unregistered design right; texture, colour and two-dimensional logos can be protected together with the external and internal appearance of products.

Eversheds advise clients on the different forms of protection which may be available to them to protect the appearance and design of products. In addition to providing advice on the selection of designs for registered protection, we advise clients on the enforcement of their design rights, including the co-ordination of large-scale pan European enforcement programmes. We also provide advice on the acquisition of copyright and design rights, negotiating and preparing agreements relating to their purchase, sale or licensing, in addition to acting in dispute resolution relating to their infringement.

Main services in this area include:

• advising on the registration and protection of designs
• management of design portfolios
• advising on ownership issues in research and development projects, collaborations and joint ventures
• advising on the acquisition of copyright and design rights
• negotiating and preparing agreements for the purchase, sale or licensing of copyright and design rights
• exploitation of copyright and designs
• dispute resolution either through the courts or alternative dispute resolution procedures