About pronovem Information IP Download Links Events News Faq

The registration of a model / design shall confer on its holder the exclusive right to use it and to prevent any third party, not having its consent, from using it. The aforementioned use shall cover in particular the making, offering, putting on the market, importing, exporting or using of a product having identical aspects or only secondary differences from the protected model/ design.

There are however 3 limitations to the holder's rights:

He may only oppose to acts performed with an industrial or commercial purpose (and to acts done privately, to non-commercial, experimental or educational purposes).
A personal right of ownership is recognised towards third parties who have produced identical or similar products before the date of filing (or before the priority date). This right allows third parties to continue the full exploitation of the model, except for import.
The law on models also recognises the rule of EXHAUSTION of rights, i.e. the right conferred by a model/ design shall not extend to acts relating to a product put on the market in the E.U. by the holder of the right or with its consent.

Before starting an action against third parties, we advise you to consult your design/ model attorney and/ or a lawyer specialised in the Model Law.

"Cease and desist" LETTER

This may turn out useful but it is often dangerous as it may allow the infringer to destroy evidences related to the model's unlawful exploitation.

Court Action

In default of a friendly settlement or in case a "cease and desist" letter seems to be useless or dangerous, the model/ design holder will take the matter to court.

In numerous cases an accelerated procedure ("en référé") will be introduced, mostly to stop the unlawful model/ design usage.

Other conservatory measures of proof can be envisaged, such as the sequestering of the commercialised products.

Said proceedings will be followed by regular proceedings where the holder of said model/ design can claim the destruction of the counterfeited products and of the instruments aimed at their manufacturing, the publication of the verdict and damages from third parties having used his model/ design.

In Belgium no criminal sanctions are provided in case of infringement upon the law for models.