About pronovem Information IP Download Links Events News Faq

a. Introduction

The uniform Benelux Law on Designs and Models (abbreviated B.L.D.M.) has been effective as of 1 January 1975.

As a result, the legislation applies to the entire Benelux-territory and exclusive rights assigned to models are therefore immediately protected in the three countries of the Benelux.

The Benelux Design and Model Office is the only official instance responsible for the execution of the Benelux Law on Designs and Models and the Office also attends to the registration and publication of the models and designs filed in the Benelux. This Office is established in Den Hague.

b. Is protected

Art. 1 of the B.L.D.M. stipulates protection of:
"The new form of a product having a utility purpose."

Utility purpose

This means that both 2D and 3D designs can be protected provided that they have a utility purpose. Therefore objects, that are solely ornamental are barred from protection.

Form

Nevertheless protection is only granted for the form of an object and not for the way in which it is used, nor for the operating system or the idea behind it.

New

What is more, the model has to be innovative for the E.U. This entails that the model or design may not have been filed before or published in the E.U. during a period of 50 years prior to the filing.

Excluded from protection

Forms, necessary to obtain a technical effect cannot be registered. This also applies to designs or models that are contrary to good manners and public moral.

c. Preliminary research

As stated below, no official research is conducted by the BBDM. However, one has the possibility of having a preliminary research conducted at one's own initiative of the published and registered models.

d. Procedure

The exclusive rights on a design or model can be obtained by being the first to file the design or model with the Benelux Design and Model Office.

Formal requirements

To execute a valid filing one has to meet a number of formal requirements. Name and address of the applicant have to be clearly mentioned.

Furthermore, a graphic or photographic image of the model or design has to added. The object that is to be protected should hereby be depicted clearly, an overall picture as well as the description of the different views of the object have to be submitted if these are essential to prove the originality of the design or model.

Furthermore, one must entitle the creation by means of a general name which also immediately clarifies the utility purpose. This may be important in case of any later disputes.

Single or Multiple application

A Benelux-filing can contain one or more models or designs with a limit of 50. This is referred to as a single or multiple application.

Models or designs incorporated in a multiple application may be totally different and have no connection.

No novelty research

Officially, no novelty research will be conducted as a result of an application. The Benelux Design and Model Office can not refuse an application due to the lack of originality.

Consequently, all filed models or designs are registered as such. However, as no official search is conducted, you can not be sure of the validity of the design or model. The validity will be appreciated before the Courts in case of further disputes.

Registration-certificate

If all the formal requirements are met and the BBDM has accepted the registration of the creation, one will be attributed an official registration-certificate, mentioning the beginning date of protection, the registration-number and the name of the beneficiary.

The model will then be published in the Official Benelux Model Magazine.

Who can apply

Every natural person or legal entity can file an application, provided that they have a residence or seat in one of the Benelux-countries. If this is not the case one will need the assistance of an authorised local representative.

e. Duration of the protection

A model-protection is valid for a period of five years, renewable up to 4 times (which means a 25 years maximum duration for a Benelux design or model).

f. Use of the model

There is no obligation of use of a model or design to maintain the registration.

ANNEX : INFORMATION AND DOCUMENTS REQUIRED FOR FILING

The information and documents required for filing a model application are the following:

• name and address of the applicant, mentioning its legal form in case the applicant is a company,
• a power of attorney, signed by an authorised person, mentioning name, first name and function of the signatory,
• the name of the designer of the model (optional),
• the exact denomination of the appliance,
• clear black and white photographs and/or designs depicting the model with its characteristic appearance on a neutral background (these photographs or designs have to be made on a mat base, preferably not larger than 6 x 8 cm (max. 16 x 24 cm)). In total there are about 5 copies.