Commercial Rational for Design Patent Protection

Categories: Asma Raza

When it comes to protecting intellectual property, design rights are often inferior to copyrights, trademarks and patents. After all, design rights or design patents only protect the look and feel of a product, not what it does or how it is made. However, there are still many uses of design rights and in many cases they have advantages over other types of protection.

Why do you need to protect your project or design?

Design rights protect lines, colors, texture, materials, contours, shape and appearance of a product or its decoration. If visual design plays a role in your product, you should be interested in defending that design.

Many copy products do not carry a mark or logo to override the application. However, you may request to remove these ads if you have saved the project. This means you can resist copying any product for visual appearance.

Design rights are also important for rapidly changing industries, where companies always have a wide mix of products. Design registration is affordable and generally much faster than other types of intellectual property. This makes design rights useful in industries such as jewelry, kitchenware, lighting and household goods.

What if someone steals your project design?

In addition to the general depression that someone has stolen your design, stealing your design has serious consequences:

Losing the uniqueness and exclusivity of the product: this is a serious problem. Your customers expect your products to be unique and exclusive. If they can get the same (visually) from another seller for half the price, why would they buy yours?

Lost R&D investment: It takes a lot of time and money to develop and market a new product. All this effort could be wasted if the counterfeit steals the sale. At this point, you’ve been working hard to create a new product for someone to come along and enjoy.

Lost Marketing Investment: The goal of marketing is to instill passion for the product and attract customers. Unfortunately, this wish can be fulfilled by imitating the same pattern as the product. In this case, your marketing campaign will increase sales to the counterfeiter.

How do I use my design rights?

In the UK and the EU, there are two types of design rights: unregistered design rights and registered design rights. EU rights are called community design rights. Unregistered design rights products are automatically acquired for 3 years in the EU and up to 15 years in the UK. However, the owner must prove that the violation was to enforce the law.

Registered design rights can be valid for up to 25 years in any jurisdiction and the owner is not required to prove that the infringement was intentional.

Registering a design in the UK or EU can take anywhere from a few weeks to two months, which is very fast. To register your design rights in the UK or EU, you must apply within 12 months of the product being released to the market.

In the United States, a design right is called a design patent. It may take 12 months or more for a US design patent, but it may take longer to obtain patents. In addition to using design rights as another way to protect intellectual property, you can license design rights for another source of income. If you stop using the model, you can also sell the right to someone else. You can even use the design rights as collateral to qualify for a loan.


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