The outer appearance of a product can be claimed with a registered design. There are two requirements for this. The design must be novel and have an individual character. The requirement of novelty often forms a problem. At the product launch, it is not immediately clear whether the product will become a success. That is why in the EU one can still apply for a registered design for up to 12 months after the first publication, but this is a very tough deadline. » design-law

Until a few years ago design law was of minor importance in the Benelux. Those days are over now. Over the last few years multiple decisions have been issued based on registered EU designs, like in this Honda case. Honda has protected the shape of its HONDA MSX125 as a registered EU-design. A Belgian distributor introduces a similar design on the market and the case is taken to court. » design-law

It is a common thought among entrepreneurs that IP rights have no value in China. Nowadays, this (mis-) conception is completely outdated. In 2015 Chinese companies filed more than a million patent applications (a third of the total amount of 3 million patent applications worldwide). Whereas American and Japanese companies filed half a million applications each. China is also the number one country regarding trademark registrations. In 2015 a vast number of 2.8 million trademark applications were filed in China. As a result, an increasing number of Chinese companies can be found in the court of law as the demanding party in trademark infringement cases. » design-law

Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy behind this is that non-visible parts should be replaceable at all times. Therefore, the manufacturer can only claim design rights for the parts which are visible. However, how far can we take this? » design-law

In order to register a product as a design, a number of images should be filed, which basically explain what the design actually looks like. Not a great deal of other demands need to e fulfilled. Almost every design filing is accepted. Validity problems just arise in case of conflicts. However, one of the few demands that are required of the images is that they have a neutral background. Not too difficult to overcome, but in sometimes it apparently is. » design-law