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What is Industrial Design?
Definition of Design
Industrial design can be defined as the novelty in the entirety or a part of a product that is perceptible through the visual senses. It pertains to the external appearance of a product. This may encompass the form of the product, as well as features such as lines, contours, ornaments, colors, and various other elements. These visual characteristics do not include the technical specifications of the product.
Our Services
Our design team, comprised of Trademark Attorneys and Engineers, provides comprehensive and meticulous services within the scope of Intellectual and Industrial Property Rights. This includes assessing the registrability of designs, executing and tracking applications, handling oppositions, providing opinions against oppositions, and managing transfers, changes of address, or changes of title.
Scope of Registration
Industrial Design registration covers a wide spectrum, including furniture, household appliances (electric or non-electric), jewelry, and patterns for carpets or fabrics. According to Decree-Law No. 554, the most critical requirements for an object to be registered as an Industrial Design are the criteria of novelty and distinctive character.
Protection Periods
Designs are protected for 5 years starting from the moment of registration. Rights holders can renew the protection every 5 years by paying the relevant fees, up to a total of 25 years. Once the protection period expires, the design becomes public domain. Registered designs, like other goods or services, can be sold, leased through licensing, or transferred to future generations via inheritance.
Why Design Registration?
From an industrial property standpoint, protecting your design through registration establishes a defensive perimeter against competitors. This legal protection grants you official rights against potential infringements and serves as an unequivocal defensive instrument in the event of legal disputes.
In terms of brand equity, in an era where user-centric product development is mandatory across all sectors, the ease of use resulting from a product’s design is just as critical as its technical function.
From a marketing viewpoint, if your design is not protected by registration, third parties may derive benefit from all your marketing efforts, including advertising and promotional expenditures. You can prevent imitation or similar designs from encroaching upon your market share only through robust registration protection.
Companies such as Apple and IKEA have achieved a revolution in user-friendly design while adding functionality to existing products. This approach led to rapid product adoption and has escalated these companies’ brand values to billions of dollars.
