Options For Protecting A Design: Copyright, Design Right Or Both?

Despite the amount of thought and creativity behind the 'look' of a product, there is often a lack of clarity on how to effectively protect a product's appearance or packaging. Julia Schefman set out the options for protecting a design, including the benefits of a cumulative approach.

From bicycles to consumer electronics, the look and feel of a product (or its packaging) can make it stand out in a crowded marketplace. Yet, there is often a lack of clarity on how these features can effectively be protected. You may think they fall under the protection of copyright or registered/unregistered design systems, but did you know that you can use a combination of a wide range of IP rights to protect the appearance of your product? Here, we set out the options for protecting a design, outline the difference between registered and unregistered design rights and copyright, and explain how all these rights can be vested cumulatively in the same product.