Industrial design refers to the appearance of a product or a part of a product formed by features such as lines, shapes, colors and textures.
The aesthetic appearance of a product has a significant impact on consumers’ purchasing decisions. For this reason, design registration plays a vital role in preventing original designs from being copied by third parties.
Scope and Duration of Protection
Registered designs are protected for 5 years from the application date. This protection period may be renewed in successive 5-year terms, extending the total duration of protection up to 25 years.
Unregistered designs, on the other hand, are protected for only 3 years from the date they are first disclosed to the public, and solely within the scope of unfair competition provisions.
Struggle Against Design Theft
If an identical or indistinguishably similar version of your original design is placed on the market, you may file a design right infringement lawsuit.
Within this scope, it is possible to request the confiscation, destruction of the infringing products and the payment of compensation for the damages suffered. Prompt action and proper evidence collection are essential for effective protection of design rights.
