Among the lineup of Intellectual Property (IP) rights,
designs are perhaps the most and the least glamorous, often not
receiving the spotlight their aesthetic fixation and brand value
would imply. A lack of awareness and alignment has contributed to
this oversight in favor of the longer-lasting copyright, ubiquitous
trademark and more familiar patent.
Part of the issue stems from the fact that design protection
varies enormously depending on location. Some countries, most
prominently the United States, provide design patents following a
rigorous examination, while the European Union and other
jurisdictions have no substantive procedure and grant rights
quickly and cheaply. The duration of protection also differs around
the world, as does the subject matter that is eligible for design
protection. To further complicate matters, many jurisdictions
provide protection for unregistered as well as registered
designs.
