Designs

This subtopic provides an overview of design rights under EU.

The World Intellectual Property Office defines intellectual property (IP) as ‘creations of the mind, such as inventions; literary and artistic works; design; and symbols, names and images used in commerce’. Broadly, the aim of IP law is to cultivate an environment in which creativity and invention can flourish. Protection of IP rights means those that invest time and resource in creating and developing IP can reap benefit from their investment. By registering (where necessary), maintaining and enforcing IP rights, a rights holder can prevent people stealing or copying valuable assets.

The four most common IP rights are:

1. •

   copyright, databases and associated rights

2. •

   designs

3. •

   patents, and

4. •

   trade marks

This subtopic focuses on design rights. Design rights protect the shape, configuration or appearance of the whole or part of a product or article. A design may comprise three-dimensional features, such as the shape or surface of an article or two-dimensional features such as surface decoration, patterns or colour. To qualify for protection, a design must