A protected design (D) is a prohibitive right, which protects – after examination for fulfilled, legal requirements and registration – the aesthetic-otpical impression of industrially applicable goods.
Its legal requirements for being effective are:
Novelty: It has to be novel in comparison to known designs.
Aesthetic effect: Its appearance must not be solely dictated by its technical function.
Individual character: Its appearance must be based on an individualising, creative act.
The scope of protection of the optical impression provided by said design has to be determined by comparing its registered, visual or graphic representation of the object or surface-pattern with the relevant designs known in the respective area.
In any case, a registered, effective design provides a much easier and stricter enforceable protection against exact copying of the visually or graphically represented object.
We will assist you in this area with a preliminary evaluation of the possible scope of protection, providing you with discrete guidelines along which you can determine the usefulness of an attainable, registered design.
Furthermore, we will support your company in optimising the graphic/visual representation of the claimed object, ensuring the most effective scope of protection.
A registered design can be kept in force for up to 25 years from the day of its application by paying the respective renewal-fees.
Summing up, registered designs are of increasing importance, the more colour and/or design of a product exceed its technical function.
Especially important are said protective rights in areas, where profit/sale is strongly determined by shape/colour of a product.
In this area protective rights of technical nature can be accompanied by registered designs, in order to protect the important products and markets of your company.
We will gladly assist you by preliminary counsel, application of your designs and subsequent supervision and enforcement of your protective rights.