Visual Identity

Design Protection

Optimizing the legal protection of visual creations and industrial designs in a competitive market.

Designs Worthy of Protection

The success of a product is often tied to its design. But, while considerable attention is often paid to the creative aspects, its legal protection frequently goes neglected. This imbalance could impair your business’s financial opportunities.

Whether it is an innovative new coffee maker, the design of a new pram or the functionality of a new phone, the law protecting designs and models offers a solution for optimal protection. In practice, the importance of protecting designs based on Industrial Designs law is often underestimated; yet it is precisely where you can increase your return on investment.

Design Innovation

Optimum protection is essential

A design is not only an expression of creativity; it is a critical aspect of a product you intend to commercialize. Designs and models law allows you to take action against third parties who introduce very similar products on the market.

At a time when counterfeiting is rife, the optimal protection of the design of products is indispensable for staying recognizable and distinctive.

Designs and Models: What are they?

From a legal perspective, design protection concerns the look of a creation or part thereof. This includes:

  • ● Lines and Contours
  • ● Colors and Textures
  • ● Materials and Shapes

To be eligible for protection, a design must be new and have its own individual character.

Legal Standards

Criteria for Protection

I

The 'New' Requirement

This means no identical drawing or model has previously been made available to the public anywhere before the application.

II

Individual Character

Established by whether an 'informed user' could distinguish between the new model and similar models previously available.

III

Designer Freedom

We consider the degree of freedom the designer has. The less freedom (due to functionality), the easier it is to establish a new model's character.

Our Design Services

KellysIP specializes in the protection and exploitation of designs across various industries.

  • Filing of new Designs
  • Attending to Renewals
  • Preliminary Advice
  • Takeover

For further information about our Designs services, please contact us or Email: info@kellys-ip.com

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Protect Your Vision

Design plays a leading role in a product’s recognisability and success. It is a key characteristic that helps you distinguish yourself in the market.

In most jurisdictions, two types of design can be protected under designs and models law: drawings and models.