Registered designs
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of 3-dimensional features, such as the shape or surface of an article, or 2-dimensional features, such as patterns, lines or colors.
To be protected, an industrial design must be non-functional.
The design must not consist of features solely determined by the object's technical function. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected.
In order to be able to register a design, the design must:
- Be new if no identical design is known to have existed before. Designs must be considered identical if their features differ only in immaterial details
- Have an "individual character" (caractère propre) if the overall visual impression it produces on the informed observer differs from that produced by any design or model disclosed before the date of the filing of the application for registration or before the date of priority claimed.
Databases
A database is defined as a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.
Databases may be protected through copyright and/or a sui generis right.
Additionally, copyright protection may be awarded to the structure of a database if fulfilling the criteria for such copyright protection (fixation in a material form and originality).
Sui generis rights apply to the benefit of the database producer if there were qualitatively and/or quantitatively substantial investments, whether related to the collection, verification or presentation of the content of the database.
The sui generis protection lies on an economic vision and does not include moral rights.