Design Protection

Protecting the appearance of industrial or artisan products is a fundamental competitive issue for companies. The purpose of design protection law is to grant protection to this appearance, provided that it is not the result of exclusively functional imperatives.

However, according to the 14th recital of EU Directive No. 98/71 of 13 October 1998, the “aesthetic quality” of the design does not count, meaning that the originality, a condition specific to copyright, is irrelevant here.

The two essential criteria for admission to protection, either by registration or an unregistered community design, are novelty and the specific or individual character. CBD will advise you in your design defense strategies and represent you in all proceedings aimed at protecting your rights.