What is design protection used for?
In the simplest terms, it is the protection of a product’s design — the result of the designer’s creative work. More precisely, this type of protection can be requested for the outward appearance of industrial or handcrafted goods. The appearance may relate to the whole product or just a detail, such as a car headlight. The visible features may arise from patterns, contours, colors, or the material of the product. These elements together create a unique appearance that enables distinction.
The protection of visual features is increasingly important in commerce. Anything from fashion items to stationery to automotive design may qualify. In the case of cars, a “facelift” allows the same technical solution to be marketed anew, purely because of its updated appearance.
This is how the novelty and uniqueness of the design can be ensured
A design is considered new if no identical design has been made public before the priority date.
Designs are considered identical even if their external features differ only in insignificant details.
The newest car models are tested not only on closed tracks but also in city traffic during the final stages. At that point, they are often covered in visually deceptive patterns to prevent the unique design from being recognizable in photographs.
In addition to novelty, design protection also requires individual character in the visual appearance.
It is an important requirement that the design must not negatively affect the intended use of the product, and it must result from actual design activity — meaning the form cannot arise solely from the product’s function.
What does design protection provide?
Design protection grants the right holder the exclusive right to exploit the design and to authorize others to do so.
How long is a design protected?
Design protection is valid for five years and can be renewed four times for additional five-year periods. Thus, the design becomes public domain no later than 25 years from the filing date.
Where does design protection apply?
Globally speaking, legal protection is only recognized in the country of filing. However, beyond national protection, it is possible to apply for national, EU, or international design rights. Due to the low cost of EU filings, it is advisable to secure protection for all EU member states in one step. If that’s not sufficient, protection can be expanded country by country, depending on business interests. Thanks to cooperation between national offices, the priority date of the first design filing can be recognized in all later applications. However, this is only possible within a 6-month window on the international level.
Obtaining EU design protection is straightforward
The EUIPO completes the registration of a Registered Community Design (RCD) within a few weeks after formal examination. When submitting multiple designs at once, the EUIPO offers discounts on the application fees.
Obtaining international protection is also not complicated, but...
It is useful to know when and how a particular country joined international treaties that simplify the filing process, so that only a short procedure is needed here as well.
How to decide which country to request design protection in?
If the goal is speed and low additional burden for intellectual investment, one must have background knowledge of national IP offices, their cooperation, relevant international treaties, and their applicability. And not only for the sake of awareness, but because this knowledge must be applied specifically to the design in question. This is a broader subject — we can confidently call it intellectual property strategy — and it should be carefully planned and documented for each intellectual asset. This is the kind of work through which we support owners and users of intellectual property.
Briefing the design
- Sole right to commercially exploit the design
- For industrial or handcrafted goods, unique products
- 5 years from the filing date, and it can be prolonged
- The design must be novel and unique in character
- National, EU, or specific country
- Maintenance payments are required every 5 years
Related to trademark one can ask for
Relevant
