Business Événements Published at 31 March 2025

Intellectual Property: How to Properly Protect Your Creations and Brand

On the final day of the Bijorhca trade show, lawyer Pierre Greffe delivered a fascinating and highly practical conference: a legal deep dive that could help many creatives safeguard their products.

The topic is particularly relevant following the European Parliament’s adoption of a new directive on product appearance protection in October 2024. Many jewelry and fashion accessory designers, often focused on the creative aspects of their work, are unaware of their intellectual property rights. Pierre Greffe took the opportunity to clarify some essential fundamentals.

What Can Be Protected by Intellectual Property?


"Let’s begin with what isn’t protected: ideas. Ideas belong to everyone, even if they’re brilliant," Pierre Greffe started, smiling. "When a shape arises solely from a manufacturing process or technical skill, it cannot be protected. Likewise, forms dictated by functional use are also not eligible for protection." In summary, it is the relative novelty of the design that is protected, not merely any shape or idea.


How Can You Prove Ownership of Your Design?


According to the expert, copyright protection has weakened over the past decade unless the design is officially registered with the INPI (French National Institute of Industrial Property). "That said, unregistered designs can still be protected," Greffe emphasized. "You just need to prove the model’s use or secure it through a 'sole envelope' or a notary deposit, which can include photographs, social media posts, and more."

Additionally, designers enjoy broad, automatic protection for three years after the creation of a design. "This protection is almost as strong as if the design were registered, and it applies throughout the entire European Union. However, to extend this protection beyond three years, the design must be formally registered within a year of its first public disclosure."

Is Registration Mandatory?


"No, but it offers stronger protection," Greffe explained. "Once registered, a design is protected for 25 years, with renewal necessary every five years." He also noted that trademarks are protected for life, as long as they are renewed every ten years. Registration requires submitting proof like sketches, photos, or videos and costs about €50 per model. "Registering multiple designs can become costly," he acknowledged, "but a streamlined registration lets you file up to 100 designs for the price of one. You then have 30 months to decide which ones you want to protect. This is an economical administrative option that provides solid legal coverage." Designers can also register their intellectual property at the European level through the EUIPO or internationally via WIPO, with the appropriate protection depending on each business’s target market.

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