Design law

If you have designed a product, design rights may provide protection. Design right protects the appearance of your product. This IP right deals with the lines, outline, colors, shape, texture and/or materials of the design. The holder of the design right can prohibit anyone from using the design without his permission.

How does a design right arise?

A design must be registered in the design register. For designs valid in the Benelux this is the register of the Benelux Office for Intellectual Property (BOIP). For designs valid in the EU, this is the register of the European Union Intellectual Property Office (EUIPO).

European design law also has limited protection for unregistered designs. However, the duration of an unregistered Community designis more limited. It is valid for up to three years after the design has been made available to the public. In addition, an unregistered Community Design only provides protection against counterfeiting.

To qualify for protection, the design must be new and have individual character.

What can I do with a design right?

The design holder can prohibit anyone, without his consent, from using a product in which the design is incorporated or to which the design has been applied. The condition for this is that the product must have the same appearance as the design, or not create a different general impression. Here the design registration is the starting point, not the product based on it.

Our expertise

Our IP attorneys have expertise in design law. We can assist and advise you on the possibilities of design registration and whether it makes sense in your specific situation to register your design as a design.