The PRV school - Designs
It is usually sufficient for a product to be functional in order for it to sell. An attractive appearance, i.e. the design, is often the decisive factor in determining what people choose when faced with a number of otherwise similar products. When you purchase a jacket or new shoes, only function and price will be the determining factors.
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What is design and what is design protection?
Design protection (also known as design or pattern right) applies to the appearance of a product – such as its lines, colours and shapes – but not to its functional features. Protection is mainly obtained through registration, although in some cases it can apply without it.
To gain exclusive rights, the design must be new and have individual character, meaning it clearly differs from previously known designs. A one-year “grace period” allows limited disclosure before filing the application.