The appearance of a product (three-dimensional), a drawing or pattern (two-dimensional) or a visible part thereof can be protected worldwide via design rights. However, a prerequisite is that the design and therefore the appearance must be novel (has not yet been brought into the public domain) and must differ from anything that is already on the market (it must have an individual character). In addition, the appearance must not be totally dependent on the technical function of the product, because external characteristics that are determined by the function (for example the shape of an egg box) are excluded by law from design protection. Designs may consist, for example, of the appearance of a table, cabinet, car, pen, clothing or the pattern of curtains, wallpaper, crockery, etc. The combination of a drawing and the shape of a product may also form a design. Take for instance the two-dimensional decoration on a particular design of vase. Arnold + Siedsma will be pleased to advise you on the best way to protect these external aspects as a design.
In order to be able to claim a design right, the design must be registered in virtually all cases. Arnold + Siedsma design attorneys can draw up a strategic and cost-effective protection plan for you and can also advise you on the registration requirements. Don’t wait too long as disclosure of your design to third parties may get in the way of the valid registration.