Design as a competitive advantage

Our services in design protection

Bjerkén Hynell has extensive experience in managing design matters and helping our clients in areas such as:

• filing design applications in Sweden or in the EU,
• filing design applications in other countries via our network of international contacts,
• drafting documents for filing design applications both in Sweden and abroad,
• assessing a product’s possibilities for obtaining a design registration,
• replying to refusal decisions, deficiency notifications and correspondence from relevant authorities,
• monitoring time limits, such as those for renewals,
• invalidating other designs,
• assessing whether a product is infringing on a registered design, defending exclusive rights to design and combating counterfeiting,
• assisting throughout any legal conflict in a court of law,
• drafting licensing agreements, transfer agreements and the like for designs.

What is required for a design protection?

Approval of an application for a design registration requires that the design must be new. In principle, this means that the product for which design registration is sought must not have been shown in public before the application is filed. There is however a grace period of twelve months in many jurisdictions, such as in Sweden and the EU. This means that you may protect a design within twelve months of the product’s first public showing.

The design must also be unique, i.e. it must provide a new overall impression and be significantly different from the appearance of previously known products. The design registration may then be granted for a maximum of 25 years. The registration must be renewed every five years.

In which countries is it possible to protect a design?

Designs may be registered in Sweden via the Swedish Patent and Registration Office (PRV) or for Europe through filing an application for design registration with the European Union Intellectual Property Office (EUIPO). A design may also be registered through the Hague system administered by WIPO or abroad through our network of international contacts.

Design infringements and disputes

Bjerkén Hynell have the legal expertise and experience necessary for handling all types of design disputes and infringements related to intellectual property.

Disputes – we help you all the way

Intellectual property disputes can arise for various reasons and may occur both before and after the registration of a right. The disputes may concern design infringement issues, unauthorized copying, or declarations of invalidity/objections. Regardless of the nature of the design dispute, Bjerkén Hynell can, through our experience and expertise, represent our clients and defend their rights and interests – both outside and in court.

‍We assist our clients in:

• assessing design infringements,
• handling all types of IP infringements, including design, trademark, patent, or copyright infringements,
• creating strategies to combat unauthorized imitations and design piracy,
• defending exclusive design rights through cease-and-desist letters and other legal actions,
• representing clients in legal proceedings involving design disputes,
• managing design infringements and disputes internationally through our extensive network of IP contacts.

Marketing and competition law

We also assist our clients in issues relating to marketing law, such as misleading marketing or deceptive imitations of your product design, as well as competition law matters, including the unlawful dissemination of trade secrets.

Do you need help with a design dispute?

Our attorneys and litigators will help you handle design infringements and disputes of all types. Contact us today.