Benefits of design protection

The registration of a design gives you a number of concrete benefits, e.g. the possibility of proving that it is your design, and that you have the exclusive right to it.

When you have obtained a design registration, you can use it to prevent others from using the same or similar design. A design registration is thus a way to render your documented exclusive right visible to competitors. That is why it is a good idea for you to secure the right to your design, before it is sent out into the market, so that you can prevent other people from copying it.

The benefits of registering your design are that you can:

  • Prohibit your competitors from using a similar design
  • Receive compensation in the event of infringement of your design
  • Generate income by selling or licensing your design rights to others.

There are further advantages to getting your design protected as a national design, a community design and/or an international design registration.

Benefits of a national design registration:

  • You are free to choose which countries the registration is to cover.
  • You can choose countries that are not members of the EU or the Geneva Convention
  • If the design is cancelled in one country, it will not affect the validity of the other national registrations, e.g. as would be the case with an community design.

Benefits of a community design:

  • You get your design protected in all of the EU through filing one application
  • You can extend the rights from your old national registrations to the EU registration, if you have priority (seniority)
  • If you are selling the design, or if your company changes address, you only need to give notification thereof to one authority.
  • You only have to renew one registration

Benefits of an international design:

  • By filing one application you can obtain protection in the countries which have acceded to the Geneva Convention
  • You are free to choose in which countries that have acceded to the Geneva Convention the registration is to be effective in.
  • You can choose that the registration must be valid for all of the EU, since OHIM is included in the Geneva Convention
  • If you are selling the design, or if your company changes address, you only need to give notification thereof to one authority.
  • You only have to renew one registration