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ARTICLE · 03 SEPTEMBER 2026

How To Protect Design Work

Gowling WLG
Gowling WLG
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Gowling WLG

Gowling WLG

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Legal professionals John Coldham and Kate Swaine provide expert insights and analysis on emerging legal developments. Stay informed about critical changes in law and regulation that may impact your business or practice. Subscribe to receive timely updates and professional guidance on navigating complex legal landscapes.

CanadaStrategy

Designs are key assets for many businesses.  Whether you have a design for an exciting new water rowing machine, an innovative pair of jeans, or perhaps an imaginative new vacuum cleaner, developing a strategy, clearing use, obtaining registration, and ensuring their effective protection, exploitation and enforcement are vital to its success.

No brand or design exists in a vacuum, however. Where and how are the legal lines drawn between being inspired and simply copying? And, at what point does fair use of an idea or product cross into design plagiarism?

Once made public, a spark of original design creativity can quickly ignite a series of imitations, whether intentional or not. How then can designers keep the spotlight on their original concepts to protect their intellectual property from infringement? And, how can businesses ensure that imitation products cannot dim the glow on their innovation?

To guide and support you and your business in capturing the challenges and opportunities of designs and brand management, Gowling WLG's team of internationally renowned, award-winning Trademarks, Brands and Designs professionals has produced a series of essential and practical guides.

We can guide you through the legalities to ensure that you remain ahead of the competition and the copycats. The guide journeys through the process of design, from inception to exploitation and enforcement, exploring the steps from the point of view of the designer and design-led business.

To find out how to protect your designs, read more or listen to our podcast.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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