Design protection: specific criteria for the design

You are innovative and constantly invest in the development of new products. The ultimate success of your products is partly determined by their design. To be successful, it is important that the design of a product is optimally protected. Designs and models law can offer a solution.

To be eligible for protection, the design of the product must comply with a number of conditions. The design must be new and have an individual character.

The new and individual character criteria explained

’New’ in this case means that no identical drawing or model has previously been made available to the public. The individual unique character is a slightly more complicated criterion. An individual character is established by the question whether a so-called informed user could distinguish between the new model and a similar model. In other words, would the so-called informed user confuse the design of the new product with one that has been previously made available to the public.

Assessing individual character

When assessing individual character from a legal perspective, you must also consider the degree of freedom that the designer has when developing the drawing or the model. The less freedom the designer has, the sooner there could be a new model with an individual character. The functionality of trousers or a chair, for example, is the same for everyone. The context is the same for everybody, so the distinguishing character has to lie in other specific elements.

Performing advance design research

It is these two criteria (new and individual character) which perhaps make the protection of design rather difficult. How do you know how unique your design is? It is important that you look for an answer to that question either on your own or together with Novagraaf. An internet search does provide important information, but is certainly not enough. A product search in the relevant design registers will provide the necessary, additional answers to your questions.

Would you like to know more about design protection?

The value and added value of legal protection based on designs and models law is often underestimated. This is more than enough reason to contact us. We know all the national and international rules concerning designs and models law. Please contact us if you would like know to more about how you can optimally protect the design of your products. We will share our expertise and show you why good protection and a clear product search are particularly valuable. You can contact us using the contact form at the top right of this page.