Modellenrecht
Design Law
Design right is the intellectual property right that protects the outward appearance of a product. It grants the holder the exclusive right to use and exploit the design.
Design rights protect the appearance or design of a product, including its lines, contours, colours and texture. They form part of intellectual property law and are obtained by registration with the Benelux Office for Intellectual Property (BOIP) or the European Union Intellectual Property Office (EUIPO).
These rights are relevant in that they enable designers and businesses to safeguard their creative efforts against counterfeiting and unfair competition. Absent such protection, investment in innovative designs would be less attractive.
In practice, design rights are frequently relied upon in disputes concerning product copies, where the court determines whether the designs are identical or confusingly similar. Protection is granted for an initial term of five years and may be renewed for a maximum total period of 25 years.
“The company has registered the design right in its new lamp to prevent competitors from placing a similar design on the market.”
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