Design Protection In Europe

IP Brochure

A design is defined in the Community Design regulation and in the Design directive as the outward appearance of a product or a part of a product which results from the lines, contours, colours, shape, texture, materials and/or its ornamentation. In order to qualify for protection, designs must be new and must have individual character. Furthermore, a design shall not subsist in features of appearance of a product which are solely dictated by its technical function. Designs make a product attractive and appealing; hence they may add significantly to the commercial value of a product and increase its marketability. Design protection is a significant element of IP law. Designs as unique creations with individual character require and deserve protection against imitators just as copyrighted works or trademarks.