Design law

Why design law is important

The appearance of a product often determines its success. Think of furniture, fashion, packaging, or industrial designs. Entrepreneurs who invest in design want to prevent competitors from copying their designs. Design law offers legal protection for this unique appearance and helps strengthen your competitive position.

What is design Law?

Design law protects the appearance of a product, such as its shape, color, texture, or material. By registering your design, you obtain an exclusive right to use, produce, and market it. This right initially lasts for five years and can be extended for up to 25 years.

Registration is possible for a wide range of products, from industrial machines and consumer electronics to clothing and interior items.

Registered or unregistered design

There are two forms of protection:

• Registered designs: You register your design with an official authority (for example, in the Benelux or the EU). This gives you a strong legal position and long-term protection.
• Unregistered designs: Protection arises automatically after disclosure, but is limited to three years and only applies against identical imitation. This option is especially suitable for short-lived product lines or trends.

Conditions for protection

A design is only eligible for protection if it:

• Is new: the design must not have been disclosed earlier.
• Has its own character: it must deviate significantly from existing designs. The overall impression must be different for an informed user.

Advantages of design Law

• Protection against imitation: you can take action against parties that copy your design.
• Exclusive rights: only you determine who may use the design.
• Value increase: unique design strengthens the value of your product and business.
• Legal certainty: a registered design provides a solid basis in case of disputes.

Need help with design registration?

The specialists at BG.legal will assist you in registering your design, advise on the best protection strategy, and take action in case of infringement.

Do you want to protect your product design? Contact us for personalized advice.