Industrial design intellectual property

By securing copyright protection, the designer can prevent other fashion brands from using the same print on their garments.

Tip: To ensure copyright protection, it's advisable to include the copyright symbol (), the year of creation, and the name of the copyright owner on the design.

2. For greater clarity, if the same shoes featured a new shock-absorption mechanism, the functionality of this aspect of their design wouldn’t be protectable by an industrial design, but may, if novel and inventive, be protectable by a patent.

This approach is crucial for companies that place a high value on both the design and functionality of their products.

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On the other hand, if an inventor receives a design patent or registered design, and the design is also separable from the useful aspects of the article, they might also be eligible for a copyright.

• Application & fees:  Designs can be registered at national intellectual property offices, or at other jurisdictions such as the EUIPO or the World Intellectual Property Organization, similarly to patents, which inventors can also apply for on a national or jurisdictional level.

  By obtaining trademark protection for an industrial design, businesses can prevent others from using similar designs that could cause confusion among consumers. Here, we will delve into the importance of intellectual property strategy and explore some examples, tips, and case studies to highlight its significance.

  1. Introduction to Industrial Design

  Introduction to Industrial

  1.

  Visit this page to learn more about the Canadian industrial design application process.

  Once registered, owners of industrial designs can, and are encouraged to, mark articles to which the designs are applied with an encircled letter “D” and their (the owner’s) name. Conduct thorough research: Before entering a new market, conduct comprehensive research to identify any existing designs that may conflict with yours.

  In order for a design to qualify for protection, it must be non-obvious, visible on the finished article, applicable to the functional article, and have no prior disclosure of publication of the design.

  Design Patents vs. Applying for individual registered designs or design patents is possible, in case the design right protection is only needed in certain countries or local jurisdictions.

  These rights extend to a variety of industries, encompassing items such as:

  • Consumer products: Furniture, kitchenware, and fashion accessories.
  • Technology: Graphical user interfaces (GUIs), smartphone designs, and other electronic devices.
  • Automotive: Vehicle shapes and interior designs.
  • Packaging: Unique packaging shapes and visual elements that distinguish brands.

  While industrial design primarily protects appearance, combining it with trademarks or patents can provide a broader scope of intellectual property (IP) protection.

  Design patents are particularly useful for protecting industrial designs that have a unique shape, configuration, or surface ornamentation. Developing an Effective Intellectual Property Strategy for Industrial Design

  Intellectual Property Strategy

  Developing an effective intellectual property (IP) strategy for industrial design is crucial to protect your creations and ensure that you can fully capitalize on their value.

  In the United States, design patents do not need maintenance at all, while under the EUIPO legislation, renewals are required every 5 years.
  
  The list below shows the Hague System members and the maximum length of design protection they offer in parentheses when acquiring registered industrial design rights.
  

  Hague System members:

  • African Intellectual Property Organization (15 years)
  • Albania (15 years)
  • Armenia (15 years)
  • Azerbaijan (15 years)
  • Belize (15 years)
  • Benelux (25 years)
  • Benin (15 years)
  • Bosnia and Herzegovina (25 years)
  • Botswana (15 years)
  • Brunei Darussalam (15 years)
  • Bulgaria (25 years)
  • Cambodia (15 years)
  • Côte d'Ivoire (15 years)
  • Croatia (25 years)
  • Denmark (25 years)
  • Democratic People's Republic of Korea (15 years)
  • Egypt (15 years)
  • Estonia (25 years)
  • European Union (25 years)
  • Finland (25 years)
  • France (25 years)
  • Gabon (15 years)
  • Georgia (25 years)
  • Germany (25 years)
  • Ghana (15 years)
  • Greece (25 years)
  • Hungary (25 years)
  • Iceland (25 years)
  • Italy (25 years)
  • Japan (20 years)
  • Kyrgyzstan (15 years)
  • Latvia (25 years)
  • Liechtenstein (25 years)
  • Lithuania (25 years)
  • Mali (15 years)
  • Monaco (50 years)
  • Mongolia (15 years)
  • Montenegro (25 years)
  • Morocco (50 years)
  • Namibia (15 years)
  • Nepal (25 years)
  • Niger (15 years)
  • Norway (25 years)
  • Oman (15 years)
  • Poland (25 years)
  • Republic of Korea (20 years)
  • Republic of Moldova (25 years)
  • Romania (25 years)
  • Russian Federation (25 years)
  • São Tomé and Príncipe (15 years)
  • Senegal (15 years)
  • Serbia (25 years)
  • Singapore (15 years)
  • Slovenia (25 years)
  • Spain (25 years)
  • Sweden (25 years)
  • Switzerland (25 years)
  • Syrian Arab Republic (15 years)
  • Tajikistan (15 years)
  • Sri Lanka (15 years)
  • The former Yugoslav Republic of Macedonia (25 years)
  • Tunisia (15 years)
  • Turkey (25 years)
  • Ukraine (15 years)
  • United Kingdom (25 years)
  • United States of America (15 years)‍

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  Designs compared to patents and copyrights

  
  Design rights are easy to confuse with patents due to similarities in their names in certain countries, and by definition they might seem hard to differentiate from copyrights due to the elements they protect.

  For patents and designs to be valid, however, most of the time periodic maintenance or renewals are necessary with an attached maintenance/renewal fee, as opposed to copyrights, which do not need to be renewed.

An effective IP strategy involves a mix of different types of protections. It's essential to file the application for registration before the patent is publicly destroyed.

Protection against infringement:

One of the primary reasons for developing an IP strategy is to protect a company's creations from infringement. It covers the expression of an idea rather than the idea itself. The court ultimately awarded Apple significant damages, highlighting the importance of copyright protection in the industrial design realm.

Another interesting case is the iconic Coca-Cola bottle design.

Apple accused Samsung of infringing upon its registered design patents and trademarks, claiming that Samsung's smartphones and tablets copied the distinctive look of the iPhone and iPad. importance of Industrial design Protection:

Industrial design protection plays a vital role in providing legal recognition and protection to the visual appeal of a product or design.