What is design right?

Design right is a form of intellectual property right that applies to both designs and drawings. Unlike copyright, you must register for design right. By doing so, you retain the right to use it and protect it against attempts by others to copy the same design.

When we’re discussing designs or drawings, we’re talking about the appearance of a new creation or part thereof that’s unique and has its own character. This can occur, for example, with new headphones, watches, coffee makers, clothing, or bags. The appearance, also known as the design, has features such as lines, shapes, colours, textures, materials, and decorations of the item itself.

Registration

Registration of a design allows you to protect a design, drawing, or a combination of both. A drawing refers to 2-dimensional designs, such as patterns on wallpaper, textiles, or tiles. Designs, on the other hand, are 3-dimensional designs, such as the design of electronic devices, furniture, packaging, building materials, toys, or crockery.

You can also protect a combination of a drawing and a design, for example a drawing on a 3-dimensional object, such as decorations on a bag. In these cases, a 2-dimensional decoration and a 3-dimensional shape determine the appearance together.

By registering your design with the BOIP, you gain exclusive usage rights and protect it against possible counterfeiting or misuse. A design registration is valid for a total of 5 years and can be extended by 5 years each time, up to a maximum of 25 years in total.

Practical examples

• Furniture design: a furniture manufacturer has designed a striking chair with a distinctive backrest and special leg structure. By registering this specific furniture design, the manufacturer can prevent other furniture makers from producing and selling an identical or similar design.
• Packaging design: a company has developed an innovative packaging shape for a particular item, with a unique combination of shapes, colours, and openings. By registering this packaging design, the company can prevent competitors from using identical packaging for the same type of items.
• Industrial design: a manufacturer has created a new design for a kitchen appliance with a special shape, comfortable handles, and striking colours. By registering this design, the company ensures that only they have the right to produce and market this design.