When was the last time you chose a product based on its visuals? Chances are, it was not too long ago because most consumers make purchase decisions influenced by a product’s design. That is why a well-crafted design can create a distinct identity. It drives consumer interest and brand loyalty.
However, businesses face a growing risk of design theft with the increasing value placed on brand aesthetics. This is where industrial design protection becomes crucial, making sure the creativity and investment poured into your product’s appearance are safeguarded from imitation or theft.
Let’s break down why this protection is so effective at keeping others from copying your design and securing long-term market success. Also, do not miss our article The Authority on Patent Filing in Indonesia.
Understanding Industrial Design Protection
If you have created a product that looks unique and visually stands out in its market, you will want to protect it from copycats. Industrial design means the visual aesthetics of a product, such as the shape, pattern, color, texture, or anything that defines how a product looks.
Now, industrial design rights do not happen automatically. You must formally apply for this protection through your country’s intellectual property (IP) office.
Should the design meet the legal criteria (novelty and originality), it will be granted protection. Novelty means your design must be new, and originality ensures it’s not just a tweak of an already existing design.
Once registered, industrial design protection usually lasts for 10 to 15 years, depending on the country and with the possibility of renewal. Protection grants the owner exclusive rights to prevent others from making, selling, or importing products wearing the protected design without consent.
Why It Matters?
Does industrial design protection make a difference? The short answer is yes. In the current market, functionality in a product is a given, but design sets products apart. Picture high-end electronics or fashion.
Many products perform the same tasks or serve similar functions, but the designs differ wildly. What is more, a distinct design has the power to directly influence how consumers feel about it and their purchasing decisions.
This protection gives you exclusive rights to that design. Such exclusivity means your competitors cannot copy or produce look-alike products without facing legal consequences. Thus, you can maintain control, protecting your market share and reputation.
Beyond exclusivity, having protected designs can also create additional revenue streams. For instance, you can license your design to other companies or even sell the design rights altogether because your intellectual property can still generate value.
Ready to secure your designs and keep imitators at bay? Our experts will walk you through the simplified process. Contact us for further information.
Industrial Design Application: What You Need to Know
Industrial design protection is governed by national laws and international treaties. In many countries, the legal framework is established by specific acts or regulations dedicated to industrial designs.
Internationally, agreements like the Hague System, administered by the World Intellectual Property Organization (WIPO), facilitate the registration of designs in multiple countries through a single application.
So, how can industrial design be protected and registered? Here are the common steps that you need to know after ensuring your design is unique by searching existing designs in national and international databases.
1. Filing the Application
You begin by preparing and submitting your application according to the formal guidelines of the relevant IP office. Ensure all required documents and representations are included, such as the detailed visual representations of the design from multiple angles.
The design depicted in these representations must match the product exactly. A common pitfall is failing to provide clear and comprehensive views of the design, leading to delays or rejection.
2. Examination
Once filed, the application goes through an examination process. Depending on the jurisdiction, this can be a purely formal check to ensure the application is complete, or it could include a more in-depth examination of the design’s novelty and originality.
- Formal examination: Checks for completeness and compliance with administrative requirements.
- Substantive examination (in some jurisdictions): Assesses novelty and originality against existing designs.
In some countries, the design will be cross-referenced with existing designs to confirm that it’s genuinely new.
3. Grant of Protection
If the design meets all the criteria, protection is granted. At this point, the design is officially registered, and you receive exclusive rights to use, sell, and license it for the specified duration.
Remember, this protection is territorial. If you want to protect the design in multiple countries, you will need to apply in each country or use international systems like the WIPO’s Hague System to cover several jurisdictions simultaneously. Some regions offer unified registration systems, such as:
- European Union Intellectual Property Office (EUIPO): Protects all EU member states.
- African Regional Intellectual Property Organization (ARIPO): Covers multiple African countries.
4. Duration and Renewal
Industrial design protection typically lasts for an initial period of 5 or 10 years. However, many countries allow you to renew this protection for further periods. Be sure to keep track of renewal deadlines. Letting protection lapse could mean losing your exclusive rights.
Costs involved in the registration process may include application fees, publication fees, and attorney fees if you choose to hire one. These costs vary widely between jurisdictions and depend on factors like the number of designs and whether you opt for national or international registration.
Protecting your industrial designs is a legal formality and a strategic business move. It gives you the power to prevent others from profiting off your hard work, enabling you to monetize your designs through licensing or selling.
By understanding industrial design protection and integrating it into your IP strategy, you set the foundation for sustained success in the marketplace.
Want to protect what’s uniquely yours without the hassle of complex legal processes? With the help of experienced IP professionals, you can safeguard your product’s distinct look and ensure that it remains exclusively yours.
Reach out to Am Badar & Am Badar today, and take the first step towards securing your unique design’s future. From filing applications to enforcing your rights, our expert industrial design services can simplify the process and provide peace of mind.
Also, be sure to check out Copyright Claims in Indonesia: A Guide for Businesses and IP Firms, where you can find everything you need to know about copyright claims, infringement, and risks.
