Designs

Design rights protect designs created from the shape, pattern, color, or any combination thereof of an article.

When products are comparable in performance, quality, and price, many people experience that the deciding factor in making a purchase is often the design. Some may also recall buying a product simply because they were attracted to its design, even though they felt it was “a little expensive.”

Because designs are visible in a product’s appearance, they are inherently easy to imitate. Even if a product with a unique and appealing design is successfully launched, similar products may quickly enter the market, causing the original product to lose its distinctiveness and competitive advantage. To mitigate such risks, it is important to protect original product designs through design rights.

There are also designs—such as those found in furniture or vintage items—that continue to be loved for many years. Designs created with such long-term value in mind should likewise be properly protected by design rights.

Furthermore, designs related to functionality or usability, such as tire tread patterns or graphical user interfaces (GUIs), are also eligible for design protection. Since these designs are visible, infringement can be identified relatively easily, making design rights an effective means of protecting designs with technical or functional value.

Please note that, like patents, design rights require novelty. Therefore, care should be taken not to disclose a design publicly before filing an application.

If you are considering obtaining design rights, please refer to the flowchart below.