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Designs

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Frequently Asked Questions

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In legal terms, an industrial design constitutes the ornamental or aesthetic aspect of an article. It may include:

  • 3D features (e.g., shape of an article).
  • 2D features (e.g., patterns, lines, colours).

The owner of a registered design has the right to prevent third parties from making, selling, or importing articles that copy or substantially copy the protected design, for commercial purposes.

Protection applies to many products:

  • Packages and containers
  • Furniture and household items
  • Lighting, jewellery, electronics
  • Textiles, graphic symbols, GUIs, logos
  • Typically through registration as a "registered design" under design law.
  • In some countries, through "design patents" under patent law.
  • Some nations provide limited protection without registration.
  • Copyright law may apply in specific cases.
  • Varies by country, but typically at least 10 years.
  • Usually divided into renewable periods.

Enforced through courts by the rights holder. Remedies may include civil, criminal, or administrative actions, depending on national laws.

  • Design rights protect appearance or aesthetics.
  • Patents protect technical or functional inventions.
  • Must generally be novel or original.
  • Novelty/originality requirements vary by country.

The IP office of the country or region where the application is filed.

It depends on the country. Some require an agent; others allow self-filing.

No. Industrial design rights are territorial. Protection is limited to the country/region where granted.

  • Must file separately in each country.
  • Alternatively, WIPO’s Hague System allows registration in multiple countries through a single application.

Before public disclosure, to preserve novelty/originality.
Some countries offer a "grace period" (6 to 12 months after disclosure).

Design impacts consumer choice. It can be critical to product success and applies across industries, benefitting SMEs and large companies.

  • Return on investments: Ensures return on design and marketing expenses.
  • Exclusive rights: Prevents others from using/copying the design.
  • Brand strength: Designs enhance branding efforts.
  • Licensing/sale: Rights can be licensed or sold.
  • Positive image: Adds market value and reinforces company reputation.
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