Cumulative Protection Of Creativity: The Fine Line Between Design And Work

Introduction

Intellectual property law provides for various protection mechanisms aimed at safeguarding creative works; such that, depending on the nature of the product or creative works, it is possible to apply for more than one means of protection simultaneously. In this context, designs that meet the necessary criteria may be protected by both design rights under the Industrial Property Code No. 6769 (“IP Code”) and as work under the Law on Intellectual and Artistic Works No. 5846 (“LIAW”).

Under Article 55/1-a of the IP Code, “design” refers to the appearance of the whole or a part of a product resulting from the features of, the line, contour, colour, shape, material or texture of the product itself or its ornamentation. In order to be able to register a design, it must meet the conditions of “novelty” and “distinctive character”, as set out in Article 56 of the IP Code. Design are patterns and ornamentations of aesthetic appeal on all kinds of products or parts of products we