Design that catches the eye — why register industrial designs in the EU?

So if you invest in design, it is worth making sure it does not become free inspiration for your competitors. One of the most effective tools of protection is registering an industrial design with EUIPO — the European Union Intellectual Property Office — which provides uniform protection across the whole EU.

No. You can bring a product to market without registration and lawfully sell it under your own brand. The problem lies elsewhere: without registration you have no real exclusivity. That means someone can follow your lead, create a very similar product and start competing with you using your own idea.

Designs are therefore registered not in order to use your own work, but to gain a monopoly on the appearance of the product.

A registered industrial design gives its owner the exclusive right to prohibit third parties from using it without consent. In other words, registration provides a concrete tool that works here and now, on the market.

This is one of the most frequent questions from businesses and designers: why register a design when copyright exists? It is true that in many cases the appearance of a product may also be protected by copyright or unfair competition law. The scope of that protection is different, however, often insufficient, and serious practical problems arise in disputes.

A registered right is a formal right — you hold a document confirming your entitlement, which acts as a shield in a dispute. Under copyright you must prove authorship, the transfer of rights, agreements with the creator and the creative process. Companies often lack that documentation. Registration removes the problem.

An industrial design protects against more than faithful copying. It also covers products that are different yet still produce a similar overall impression. That is a considerable advantage in practice, because infringements rarely look like carbon copies — more often they are very similar designs with minor changes.

The mere fact that a product is protected as a registered design has a preventive effect, discourages imitators and strengthens the professional image of the brand. Business partners increasingly expect confirmation that a company holds exclusive rights to its design.

If you sell online, design registration can be invaluable. Large marketplaces operate efficient systems for reporting industrial property infringements. Once you present a registration certificate, the platform can react quickly and remove the infringing listings.