Introduction to Design Protection
Design protection is an important component of industrial property rights. It protects the aesthetic design of products and enables companies to protect their innovative designs from imitation.
A design can include the shape, lines, contours, colors, structure, or material of a product or its ornamentation. Protection can be obtained at national, European, or international levels.
In this overview, we examine the possibilities of design protection worldwide, in Europe, and specifically in Germany to give you a comprehensive insight into the various protection options.
Design Protection Consulting Team
Our experts provide competent support for all questions about design protection - nationally and internationally
Worldwide Design Protection
For companies with a global focus, the Hague System for the International Registration of Industrial Designs offers an efficient way for worldwide design protection.
With a single application to the International Bureau of the World Intellectual Property Organization (WIPO), protection can be obtained in up to 91 countries. This saves time and costs compared to individual national applications.
The duration of protection varies according to the designated country but is typically at least 15 years. Each country examines the application according to national law.
European Design Protection
For companies operating in the European Union, the Community Design is available.
The Community Design is registered with the European Union Intellectual Property Office (EUIPO) and provides uniform protection in all 27 EU member states with a single application.
The protection is initially valid for 5 years and can be extended to a maximum of 25 years. There is also the option of an unregistered Community Design, which provides 3 years of protection from the first disclosure in the EU.
Design Protection in Germany
For companies primarily operating in Germany, the national design application at the German Patent and Trademark Office (DPMA) is the appropriate path.
The registered design provides protection throughout the federal territory. It can be filed for individual designs or as a collective application for multiple designs and is initially valid for 5 years.
Comparison of Protection Systems
The choice of the appropriate protection system depends on the business strategy and the desired scope of protection:
National designs are cost-effective but limited to one country. The Community Design offers EU-wide protection. The international registration offers flexibility and potentially worldwide protection.
Often, a combination of different protection rights makes sense to achieve optimal coverage.
Application Process and Costs
The application processes and costs vary depending on the chosen system:
National applications are often the most affordable, followed by the Community Design. The international registration can be more cost-intensive with many designated countries but offers economies of scale.
In all cases, in addition to the application fees, possible attorney fees and regular renewal fees may be incurred. The costs should be weighed against the expected economic benefit.
Contact Details
Get in touch to learn how we can help your business.
- Huber & Schuessler Patent Attorneys, Truderinger Strasse 246, D-81825 Munich, Germany
- info@patservice.de
- +49 89 437788 0