Designs and models: what are they?

From a legal perspective, the protection of a product concerns the look (design) of a creation or a part thereof. This can include many characteristics, such as its colour, lines contours, the shape, the texture or the material. But, to be eligible for protection, a design has to be new and have its own individual character.

Design plays a leading role in a product’s recognisability and, therefore, success. It is a key characteristic of a product that can help you to distinguish yourself in the market. In most jurisdictions, two types of design can be protected under designs and models law: drawings and models.

Difference between drawings and models

The central element of a drawing is a two-dimensional (2D) design. Examples can include the design of a fabric, graphic symbols, logos and typographic fonts. In the case of a model, the central element is the three-dimensional (3D) design, such as the shape of furniture, household appliances, tools or clothing. Computer programs and software are not eligible for protection under designs and models law.

The combination of a drawing and a design can also be protected where a drawing is made into a three-dimensional object, such as the pattern of the fabric on a chair. In that case there is a two-dimensional drawing and three-dimensional shape. The appearance of the model is then determined by both the product and by the pattern.

Would you like to know more about models?

Would you like to know more about drawings, models and designs and why it is important to legally protect them? Or what exactly is the situation with regard to designs and models law? In that case, please get in touch with Novagraaf. You can do this using the contact form at the right top of the page.