Subject matter of protection of the design right
The aim of design law is to protect the outward appearance of products. It not only focuses on the shape, lines and colors but also on the overall impression of the design. Effective protection can only be established if these elements as a whole create an individual and distinctive impression. In this way, design law protects the creative achievements of designers and companies against imitations and unauthorized copies.
Registration and term of protection
A central element of design law is the option of formally registering a design. Registration can be done, for example, at the German Patent and Trade Mark Office (DPMA) or at the European Union Intellectual Property Office (EUIPO). With the registration, the design is protected for a period of up to 25 years – provided that the appropriate renewal applications are submitted in a timely manner. Formal registration significantly increases legal certainty and facilitates the enforcement of claims in the event of a dispute.
Exclusive rights and enforcement of rights
The protection of a design is associated with exclusive rights of use. Design law enables the holders of rights to take action against any form of unauthorized use. This includes, in particular, the enforcement of injunctive relief, the assertion of claims for damages and, if necessary, criminal prosecution. In this way, the economic value of the design is sustainably secured and the designer’s creative achievement is appropriately rewarded.
International protection options
In times of global markets, international design law is becoming increasingly important. In addition to national registration, it is possible to protect designs in several countries at the same time via the so-called “Hague System”. This international protection mechanism is particularly advantageous for companies that sell their products worldwide and want to protect their design innovations globally.
Our expertise in design law
Our attorneys specializing in design law will support you in all matters of (product) design. This includes, among other things, the registration of protective rights at the national and international level. In addition, we advise and represent you in the conclusion of license and transfer agreements – including those with cross-border implications. Our range of services also includes the extrajudicial enforcement of your interests as well as representation in infringement proceedings. Of course, we also take on the defense against cease-and-desist letters and represent you in legal proceedings due to alleged design patent infringements. In addition, we safeguard your interests in cancellation and nullity proceedings before the competent patent offices and courts.
