Why Design Registration is Worth Considering
Design registration, which protects the visual appearance of products, is often viewed as having lower necessity and effectiveness compared to patent or trademark protection. This perception arises because design rights cover a narrow scope, making it difficult to claim infringement when even slight differences exist between designs.
Additionally, the unique nature of design, which complicates prior design searches, can sometimes result in nullification of the registered design.
However, despite these challenges, registering a design is still beneficial—especially for original designs. Registration allows for the possibility of requesting prohibition or legal action against imitators. Without registration, there is no enforceable right, regardless of who created the design.
Strategic Design Registration
Given the short product life cycles and high risk of imitation in many industries, a more strategic and effective approach to design registration is recommended. To address these realities, the Industrial Design Protection Act offers various mechanisms to strengthen protection.
One key example is the system of granting design rights for parts of an article. This system allows companies to register only the essential and distinctive elements of a product’s design, rather than the entire product pattern. In such cases, design infringement can still be claimed if the core feature of the registered design is replicated, even if the overall product appearance differs.
Example: Smartphone Case Design
For products like smartphone cases, registering the most critical part of the design—such as a unique shape or feature—provides protection against imitation. Proper management of article-specific and packaging-related designs, along with control over disclosure timing, can also help secure rights effectively.
It is also essential to lay a strong foundation for protection by filing exceptions to lack of novelty and taking measures to prevent nullity claims.
Expert Guidance for Optimal Design Registration
Avoid pursuing design registration without proper consideration of these factors. At Sarang IP Law Firm, we leverage years of experience and in-depth research to find the most effective registration strategies for your designs. Our goal is to help you secure broad and powerful rights that maximize protection for your product’s appearance.
Contact us today to discuss how we can support your design registration needs!