Design Protection Law

Many objects acquire character by means of aesthetics. Traditionally these are fabrics, items of furniture, lamps, etc.  However, technical objects are also increasingly being designed from an aesthetic point of view, for example computers, television sets, telephones etc., and even investment goods such as machine tools.  A reason for this is that such items give the impression of higher value and one can therefore achieve better prices, that there is more pleasure in working with them and that only then it is possible to protect the product effectively against product piracy. The so-called design protection law is available for protection. The protection is generally based upon formal applications - in Germany at least and before the EU design protection office (Office for Harmonisation) – it is possible to file up to 50 models within one category of goods. Protection is not restricted to identical copies, but also includes imitations which have been modified, but into which the important design elements have nevertheless been incorporated. In Germany at least protection can be provided quickly and efficiently by means of provisional injunction, and the registration of this only gives rise to low costs. Protection results independently of whether the respective object is also based upon an invention protectable according to patent or utility model law, and given certain pre-requisites, both types of industrial property right can be combined with one another.

From the very start of our office we had clients who regularly filed objects for design patent protection, both nationally and internationally, the latter by making applications for international design patents with the registration authorities in Geneva, as EU design patents at the Office for Harmonisation, and furthermore as national design patents. Not only do we represent our clients before the appropriate offices, but also before the ordinary Courts in the event of design patent infringements. Of course we also carry out searches for the existence of older design protection rights and produce expert opinions in the event of a collision with design protection laws.