In the context of Industrial Property, a design (or industrial model) refers to the protection of a product’s appearance – its shape, lines, colors, textures, or any other aesthetic element that can be visually perceived.
Design registration grants the holder the exclusive right to exploit the appearance of the product – or part of it – preventing third parties from manufacturing or selling copies without authorization, provided it meets the requirements of novelty and individual character.
Even if not entirely new, a design may still be protected if it results from a combination of known elements arranged in a wholly new way.
A design search involves assessing the originality of a creation by checking whether identical or similar designs have already been registered or are pending registration. This process helps determine the viability of registration and reduces the risk of conflicts with existing rights.
Design enforcement involves taking action against unauthorized use, imitation, or reproduction of protected design features. This may include legal measures such as judicial proceedings to preserve the exclusivity of the design and prevent infringement.
International design protection refers to registering a design in multiple countries to ensure exclusive rights are recognized and enforceable in foreign markets – whether at a European or global level. This may be done via mechanisms such as the Hague System or the European Union Design (EU Design) registration.
Design surveillance involve the continuous monitoring of the market to detect potential infringements of registered design rights. Only through ongoing vigilance can rights holders act promptly to stop unauthorized imitations or reproductions.
Design portfolio management refers to the strategic organizing and monitoring registered designs to maximize protection and commercial value. This includes regular portfolio assessments, maintaining registrations, and making informed decisions about the renewal, transfer, or assignment of rights.
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