Design

Publié le 5 September 2024

A design protects the appearance of an industrial or handcrafted product or part of a product, specifically its lines, contours, colors, shapes and textures. Like trademarks, this protection grants its holder an exclusive right over the design, allowing them to prohibit any reproduction of the design or model without their consent through amicable or legal actions.

The design must have a distinctive character, meaning it should not create an impression of déjà vu compared to a design disclosed before the protection date granted by your registration.

To be granted this protection, it is necessary to register with the intellectual property office in the territory where protection is sought and this must be done before any public disclosure – although some jurisdictions allow sort of a grace period.

A registered design is protected for a period of 5 years, renewable every 5 years for a maximum period of 25 years. Protection is also granted when the design is disclosed directly to the public without prior registration, by claiming a right on an “unregistered European Union design.” In this case, the design is protected for a period of 3 years from the date of the first public disclosure within the territory of the European Union.

 

See the IP lexicon