Design right: what is it? + Applications & infringement

Introduction

Are you a product designer, shaper or designer and have created a new model or drawing for a consumer item? Then it is smart to record this creation in a design registration. This way, your work is covered by drawing or design rights, known as design rights for short. This way you prevent another party from copying your design or drawing with impunity.

What is design right?

Design right is an exclusive right, officially called design right. Design right falls under the umbrella of intellectual property law and is a way to protect the new appearance (design) of an object of use. Design law protects drawings and designs of that new appearance. The term "drawing" includes, for example, patterns or designs on tiles or wallpaper. These are two-dimensional designs. Examples of three-dimensional designs are the design of a cell phone, table or watch.

What is the difference between design rights and copyright?

Copyright and design rights are very similar. Both rights protect the creator of a unique product, and certain products may be subject to both copyright and design rights. The main difference between design right and copyright is that copyright arises automatically as soon as the product is created. Design rights only take effect once you have officially registered your design or drawing. That way it is established from which moment you have exclusive design rights. That proof is a big advantage over copyright, should it come to the point that someone runs off with your creation without permission.

What drawings or designs are covered by design rights?

Design law applies to almost all product categories. Among other things, the designs of the following utensils are eligible for protection under design law: consumer products, electronic equipment, telephones, packaging, furniture, tools and vehicles. You can also protect a part of such an object, as well as a drawing or pattern that can be placed on an article of use.

Why is it important to protect your model?

This question is easy to answer: you use it to prevent others from abusing your creation. If you don't protect your design or drawing, you won't have a leg to stand on if someone else enters the market with your idea. That means a huge loss of income and a lot of lost time for you. Therefore, make sure you register your drawing or design as soon as possible so that it is covered by design rights.

Applying for design rights in the Benelex: how does it work?

At BOIP, Benelux Office for Intellectual Property, you can have your drawing or design recorded in a design registration for the Benelux countries. This gives you the exclusive right to use this design. If others wish to abuse this, you can protect your design against this. A design registration is valid for five years and can always be extended by five years, up to a maximum period of twenty-five years.

Apply for design rights worldwide

Want to protect your design or drawing in all EU countries? This can be done through the EUIPO, Intellectual Property Office of the European Union. Outside the EU, you can apply for design protection per country. This can be done through the World Intellectual Property Organization (WIPO).

What conditions must your model or drawing meet?

Do you want to protect your model or drawing? Then they must meet some conditions:

• The drawing or model must be new.
• They should have their own character and should not resemble a model or drawing that already exists.
• Design law protects only the design of a product, not the technology. Technical products are covered by patent law.
• Want to know if your design already exists? You can check that in BOIP's design register.

How to use Design Right to protect your intellectual property

Design law is a useful tool you can use to protect your intellectual property. Design right secures your right to originality and unique designs, design right is a limited duration right that protects you as the creator and owner of the design from being copied by others.

If you want to protect your intellectual property, it is important to follow the proper procedure to register your design right. By registering your design right, you can ensure that your intellectual property is protected against design right infringement. If you have registered your design right, you can file a claim with a court if someone copies your intellectual property.

However, it is important to remember that design rights do not fully protect your intellectual property. you must also use other strategies such as patents, trademarks, copyright and trade secrets to protect your intellectual property. By using a combination of different strategies, you can properly protect your intellectual property.

Benefits of Design Right for Business

Design law is a unique and versatile tool that helps your business manage your intellectual property. By using this law, you can protect your products, services or technologies from counterfeiting and unfair competition. In addition, your company can also explicitly establish its rights and obligations regarding the use and sale of your products. Also read more about positioning and copyright.

The law provides a wide range of protective measures that your company can use to protect your innovative ideas. For example, your company can protect your products, services or technologies from copying or counterfeiting. In addition, the law can also be used to make provisions on the use and sale of products to prevent your company from being disadvantaged with a competitive or customer advantage.

Design law is a cost-effective way for your business to protect intellectual property rights. Unlike other forms of intellectual property protection, such as patents, design rights do not require expensive application procedures.

Model right infringement: what can you do?

Suppose you have registered your design or drawing with BOIP, yet you discover that another party is using your work without your permission. Then you have a design right infringement. In that case, call in a specialized lawyer immediately, who can help you take the right legal steps. He or she will probably start by sending a demand letter to the party infringing your design right. In this letter, you also state your demands right away. For example, you can demand payment of profits or damages. If you cannot reach an agreement with the other party, you can eventually go to court in order to obtain your right.

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