Industrial design right

Besides protecting your product you can also protect the shape and design of the product. These features, too, can determine whether or not your product can be successfully exploited.

Why a design right?

By having the shape and/or design of your product protected by a design right you will have the exclusive right of using that design. Others cannot market the same or a similar design without your permission.

What can I protect?

You can have any features that distinguish your product from others protected. Not just the shape of the physical product, but also, for example, fabric patterns, game boards, cards, and prints on t-shirts. From simple designs to complex masterpieces, every design important to you can be protected.

Where does a design right apply?

Usually we will advise you to have your design protected in the country where you are located and where your most important opportunities for marketing lie.

The registration of a design is dependent on in which countries you want to have your design protected, in which each register of designs employs its own registration procedure. You can, for example, think of registering at the Benelux designs register, the European design right, or the international design right. In consultation with you we will draw up the optimal coverage of countries, including the corresponding procedure of registration.

Violation of your design right

In judging two similar designs it is not the amount of counted differences that is leading. The seven-differences rule does not exist; in some cases two differences (as long as they are of enough importance) will be sufficient for a different design. In other cases 10 or more differences (if each of them as well as a part and as a whole are marginal) are not enough to avoid a violation of a right.

Any case of similar design has to be assessed on its own value. The level of freedom in design, the other known and lesser-known designs, technical features to which a good has to meet (and which determine the shape); all those kind of issues have to be taken into account.

Inaday can advise you in a day on these kind of questions. Of course we will do this in consultation with you because obviously you are the one who knows your own market the best.

For how long does a design right apply?

Design rights are not everlasting. In Europe the maximum time period of protection is 25 years with the possibility of obtaining protection every five years. We, of course, will inform you ahead of time when the five-year-period of your design right is ending.

After the period of your design right has ended, in some cases you will still be able to receive protection for your design through copyright or trademark right. Inaday has all the expertise needed to optimally advise and guide you.

Do you have any questions about design protection, or do you want to protect your product design straightaway? Contact us.