From the point of view of intellectual property law, an industrial design concerns only the aesthetic aspect of a product without taking into account technical or functional features. Since an industrial design adds value to a product and increases sales, its protection should be an important part of the manufacturing company's business strategy. To obtain legal protection for an industrial design, it must be registered by filing an application with the national or regional intellectual property office of the country where it is planned to be used.
In this case, the industrial design must meet the following conditions:
- novelty (the sample is novel if an application for a similar industrial design has not been previously filed);
- originality (an industrial design is considered original if it is independently created by the designer and not copied).
By protecting an industrial design by registering it with a national or regional intellectual property office, the owner receives the exclusive right to prevent its unauthorized copying or imitation by others, as well as to prohibit it from being manufactured, sold, imported, exported, or any product or service for which the industrial design is used. For example, if a competitor produces goods similar in appearance to the goods of the Industrial Design Copyright Holder, he may demand compensation from the infringing company for the damage caused.
There are alternative ways to obtain protection for industrial designs, which include:
- copyright: since some industrial designs can be classified as works of art, copyright legislation may be applicable to protect them;
- as a three-dimensional trademark, if the industrial design performs the functions of a trademark in the sale of a product or service, and the design of its packaging is original and novel;
- Some countries have laws against unfair competition, which can also protect an industrial design from competing companies if it is copied.
