Design protection

If you want to prevent your design from being copied, you should apply for design protection.
A registered design protects the external shape of the product, its form and appearance and it gives the owner the right to stop anyone from copying it. Registration does not give protection to the way the invention works, like patents do.

What is design protection?

A very wide range of designs can be protected under various national design regulations. Potentially protectable designs include two-dimensional designs such as fabric patterns, or three-dimensional designs like cars, watches or mobile phones. In fact, a registered design may be a useful supplement or alternative to trademark protection in cases where trademark protection is difficult to obtain or cannot be secured without prior extensive use. As for trademarks, designs can be assigned or licensed.

What must you know when you have created a design?

In most jurisdictions, a design must be new to be validly registered. It will be regarded as new unless it has been made available to the public before the filing date (or priority date) of an application to register the design. The design owner should, therefore, be careful not to disclose the design to any third party before the application date.

How long does design protection last?

While trademarks can potentially last forever if renewed every ten years, design protection is normally granted for an initial period of five years which can normally be renewed between two to five times depending on the country.

What we need from you to proceed with design registration

We can assist you with finalising the paper for design applications. For that, we would need the following:

  • The full name and address of the applicant (an individual or a company)
  • The full name and address of the designer
  • The relationship between the applicant and the designer
  • Drawings or photographs showing all features of the design
  • A description or generic name of the article to which the design is to be applied or the class(es) of interest
  • A brief explanation of the design

A power of attorney or a declaration might be necessary in some jurisdictions.

What you can expect from us
  • Preleminary searches to ensure your design is unique and there are no similar designs being used by other owners.
  • Pre-filing advice to determine the details of the design to be filed: selection and preparation of views, class, name, etc.
  • Preparation of the relevant filing forms and submission to the registry on your behalf throughout Asia and in the rest of the world.
  • Follows-up with the duty officer and dealing with objections and/or oppositions if any.
  • Monitoring of the filing of conflicting marks by third parties and possible infringements.
  • Monitoring of the renewal deadlines of your design portfolio and preparing and filing renewal applications.
  • In case of transfer of portfolio: verification of the datas and full due diligence.

We advise on design-related issues and help our clients establish appropriate protection throughout Asia.
Please contact us to obtain a customised estimate.