If you are an automotive designer, you probably spend a lot of time and effort creating original and innovative car designs. But how do you protect your intellectual property from being copied, stolen, or infringed by others? In this article, you will learn how to secure your car design rights and what steps to take if you face a legal dispute.
There are various types of intellectual property rights that can be applied to car designs, depending on the nature and scope of the work. The main ones are design patents, trade dress, and copyright. Design patents protect the ornamental appearance of a car design, such as the shape, color, or texture. You need to apply for a design patent at the relevant office and pay a fee; they usually last for 15 years from the date of grant. Trade dress protects the distinctive look and feel of a car design, such as the logo, grille, or trim. You do not need to register trade dress but you need to prove that your design is recognizable and associated with your brand. Trade dress can last indefinitely as long as it is used in commerce. Copyright protects the artistic expression of a car design, such as sketches, drawings, or models. You do not need to register copyright but you need to mark your work with a symbol and date; copyright can last for your lifetime plus 70 years.
Regarding design patents, please keep in mind that they require an unique and distinctive appearance that is not dictated by the function (that they perform).
While some car design rights are automatic, others require registration to be valid and enforceable. Therefore, it is advisable to register your car design rights as soon as possible, before you disclose or publish your work to the public. Registration can help you establish ownership, prevent others from claiming your design, and make it easier to sue for infringement. To register your car design rights, you need to follow the rules and procedures of the relevant office in your country or region, and provide the necessary documents and information. You may also need to hire a lawyer or an agent to assist you with the process.
Applicants are well-advised to seek out the services of a registered draft agent/agency who can help ensure that the set of illustrations (or photographs) that are required to be presented, are sufficiently clear and complete.
To ensure your car design rights are not violated by others, it is important to monitor them regularly. You can search online databases and websites for similar or identical car designs, set up alerts and notifications for new car design registrations or publications, join professional associations or networks that share information and resources on car design rights, or hire a professional service or agency that can monitor and report on your car design rights. Being mindful of these tools and methods will help you protect your car design rights.
If you discover someone infringing your car design rights, you need to take action to stop them and seek compensation. You can send a cease and desist letter to the infringer, demanding they stop using your car design and pay damages. Alternatively, you could negotiate a settlement or a license agreement with the infringer, allowing them to use your car design under certain terms and conditions. Additionally, you can file a lawsuit against the infringer, seeking an injunction, damages, and attorney fees. Lastly, you can report the infringer to the relevant authorities or agencies such as customs, police, or court.
Infringement occurs in cases where the (alleged) infringing design: 1) is essentially the same as your patented design, in a way that would deceive the common observer; 2) copies or appropriates the element of novelty (= newness) that is key to your patented design.
If someone accuses you of infringing their car design rights, you need to defend yourself and prove that you are not liable. You can challenge the validity or scope of the other party's car design rights, claiming prior use or independent creation of your car design, invoking fair use or other exceptions to car design rights, or seeking a declaratory judgment or a cancellation of the other party's car design rights. This can be done by demonstrating that the other party's rights are expired, invalid, not applicable, or being abused or misused. Furthermore, you can show that your use of the car design is for a lawful purpose, such as education, criticism, or parody.
Securing your car design rights is not a one-time event, but a continuous process that requires diligence and awareness. You can learn from the best practices of other automotive designers and experts, such as documenting your car design process and keeping records of your work, marking your car design work with your name, symbol, and date, registering your car design rights in multiple countries or regions, especially where you plan to market or sell your work, licensing your car design rights to reputable and trustworthy partners or clients, and educating yourself and others about car design rights and their importance. Doing all this can help protect your designs from being copied without permission.