Design Registration and Protection

What is a Design Registration?

Design registration (or Design Patents in the US) provides protection against competition for product aesthetic aspects, enabling companies to protect their brand/product identity and differentiation. It offers:

– Relatively cost-effective solution

– Ownership of visual characteristics of commercial graphic designs including:

– Character lines

– Shapes

– Patterns

– Decorations

– Product designs

– Packaging designs

– Patterns printed on products/packaging

Note: Does not cover product functional aspects

Benefits:

– Exclusive design usage rights for 15 years

– Ability to seek injunctions against infringers

– Right to claim damages

Design Registration vs. Patent Registration

Key differences:

– Patents protect idea implementation

– Design registration protects only external design

– Does not protect other commercial elements:

– Methods

– Systems

– Internal components

– Software

Eligible Designs

Requirements:

– Must be new or original

– Not previously published in Israel

– Can include existing elements in new combination

– Publication restrictions:

– Previous public disclosure disqualifies registration

– Exception: Publication within one year before application

Registration Process

1. Application Submission

– File with Patent and Design Office

– Include:

– Photos

– Drawings

– Computer renderings

– Important: Application format and documentation define protection boundaries

2. Examination Phase

– Design Department review

– Possible revision requests

– Compliance check with legal requirements

– Examiner queries and discussions

3. Registration

– Design registered upon approval

– Published in Design Journal

– Registration certificate issued

Design Registration Cancellation

Available to:

– Those opposing specific design registration

– Parties claiming harm from registration

– Submit to:

– Design Registrar

– District Court

– Court determines acceptance/rejection

International Registration

Territorial nature:

– Valid only in registration country

– New/original designs only

– Paris Convention benefits:

– 6-month priority rights

– Multiple country registration opportunity

– Time limitation on additional registrations

Design Rights vs. Copyright

Important distinctions:

– Separate protections

– Industrial production (50+ units) not copyright protected

– Protection duration:

– Copyright: Creator’s life plus 70 years

– Design registration: 15-25 years

Professional Services

Dr. Mark Friedman’s firm offers:

– 30+ years experience

– 8,000+ client representation

– Comprehensive services:

– Initial consultation

– Registration suitability assessment

– International registration strategy

– Application preparation

– Examiner response handling

– Registration completion support

– Additional services:

– Design registration cancellation proceedings

– Expert opinions on:

– Registration eligibility

– Design infringement

– International registration expertise

Professional guidance recommended throughout process due to:

– Complex application requirements

– Future-oriented protection needs

– Country-specific requirements

– Technical documentation importance

*The aforementioned in this article and on the website in general should not be considered as legal advice and the things written in it should not be considered as a substitute for individual legal advice, but a personal opinion and/or a general explanation only. Of course, you should not rely on and/or act in accordance with the above without individual legal advice from an attorney

For any questions on this topic, contact us