What is a design?

A design is about the external features of a product or image (production). Design right is meant to ensure the careful protection of these features. To qualify for protection, a design must be new and vary from whatever has already been published on the market (the so-called individual character). A banal or (very) obvious design will not qualify for protection. It is important to realise that a concept or an idea should always be worked out into a specific production in order to be entitled to design protection.

Design registers

To enjoy the most effective protection one must register a design in the design registers. Protection shall only be granted for visible elements. 

In law a design is described as 'the appearance of a production or part thereof'. Production means 'any object manufactured either industrially or traditionally.' The appearance is determined mainly by the features of:

• the lines
• the contour
• the colours
• the shape
• the texture and
• the materials of the production or its decoration

Examples include toys, tools, packaging, (home) appliances, furniture, clothing, material patterns and such. What is less known is that typefaces, graphic symbols, interiors and logotypes may also be considered designs.

Registration and advice

Nederlandsch Octrooibureau will be pleased to arrange matters for you. Thanks to our long experience in recording design registrations and the availability of a professional illustration department, the lawyers at Nederlandsch Octrooibureau guarantee the best protection of your design. On request we will also advise you on all aspects of the design right.

Find out more about search options and how to register your design.