DESIGNS

What is a design registration?

A design registration is a monopoly awarded to the owner of a new and previously undisclosed design. It lasts for a limited period (generally 15 years), allowing the owner to exclude others from making, using or selling the design without his permission. Design registration is generally used to protect the appearance, rather than the way it works.

Design registrations are geographically limited in their scope, and Design registrations which are ultimately granted only give rights in those countries in which they are granted.

How to obtain a design registration?

Anyone can apply for a design registration, provided he is the owner of the design, either as the designer or by assignment from the designer.

In order to obtain this exclusive right, design owners have to file applications showing their designs from different exterior angles.

Generally, if protection is required in a particular country, it is necessary to apply specifically in that country but there is a system, called the Hague System for the International Deposit of Industrial Designs, whereby a single application gives the owner of an industrial design the possibility to have his design protected in several countries. However, only a few countries are currently party to this.

Priority

If a design owner files his first application for his design in any country, then he has 6 months from that date to file applications for the same design in other countries, "claiming priority" from that first filing. The effect of this is that his application is treated in those other countries as having been filed on the same date as it was first filed for the purpose of determining novelty. It should be noted that this is not available to all countries and nationalities - usually only where the relevant countries are all members of the Paris Convention or of the World Trade Organization (or both).

What can be registered?

Design registrations are generally intended to protect products having a new appearance. For a design to be registrable, it must generally have novel features of the 3-dimensional shape and/or 2-dimensional pattern that are not dictated by their function or by other components with which they must fit. Many countries also require that the novel features have eye appeal. To be novel, the invention cannot have been disclosed to the public at any point in time previously (although most countries have varying degrees of exceptions to this rule).

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