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RIDA 200 | 04-2004

Doctrine

"The legal protection of creations of industrial design"

GARNIER, Emmanuelle

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The creations of the "Design" don't benefit from their own legal statut, wich one should be adapted to their specific nature. Even if the intentions of the communatary authorities was to enforce the specific law to these ones, their legal recognition is not guaranted. As more, actually their protection is incertain. In the French system called "cumul absolu" we are accustomed to confuse the creations of applied art, wich one are mentionned at the "livre I" and what call "dessins et modèles", wich one mentioned at the "livre V" of the CPI. To do a confusion between "Design" and art is simplistic. Their specific nature will be emphasize by comparison with applied art. We will determine the criterious of legal qualification open to differenciate these creations. The creations of the "Design" that we propose to make up in a autonomus category, should benefit from a specific system in the "livre I" of the CPI. A new information has changed the French right : the advent of the new specific law, which concern the "dessins et modèles". It is the opportunity to use the previously concepts who have been transposed in our legislation to determine, in a first time the condition of protection adapted to the creations of the "Design". In a second time, concerning the protection, we will draw up, basing ourself on the right inforce an appropriate system. Like this system must be developed in the "livre I", even though some rules have been adapted, we will make an effort to preserve the coherence of the legislation concerning the artistic property. This branch of the intellectual property is especially affected by the recent evolutions at european level and at local level.