Product design

Why protect product design?

A unique design makes your product recognizable and distinguishes your business in a competitive market. Design plays a key role in customer experience, brand identity, and commercial value. By legally protecting this creativity, you prevent others from riding on your success. Various forms of intellectual property such as design rights, copyright, and trademark rights offer effective options for this purpose.

Design right: protecting appearance

The design right protects the visual characteristics of a product, such as shape, lines, colors, or decorations. This protection only applies if the design:

• is new (not previously disclosed);
• has its own character (visibly differs from existing designs).

Registered designs offer the strongest protection, for up to 25 years. Unregistered designs are automatically protected upon disclosure, but only for three years and only against identical copies.

Copyright: automatic and long-lasting

Copyright provides protection without registration, as long as the design is sufficiently original. Think of artistic or creative designs such as jewelry, furniture, or even practical objects. Copyright arises automatically and remains in effect for 70 years after the creator's death. It allows you to act against unauthorized copying of your design.

Trademark law: form as a distinguishing sign

If the design of a product is recognized by the public as an indication of origin, it can also be registered as a shape trademark. This applies, for example, to iconic packaging or product shapes. Trademark protection is particularly powerful for companies that strategically use their designs in branding and marketing.

Other protection options

Patent law can also contribute in some cases, for example, if the design includes functional or technical innovations. A smart combination of rights often offers the best protection.

Our approach

A strategic approach to protection is essential:

• Register your designs or trademarks in a timely manner;
• Combine multiple rights where possible;
• Actively monitor the market to identify and address infringements.

Need advice?

The experts at BG.legal will guide you in choosing and implementing the right form of protection. Whether it concerns registration, enforcement, or strategic advice, we are here for you.