Design Protection

Why is design protection important?

Many businesses invest substantial time and resources creating unique designs that distinguish their products from those of their competitors. The results of this effort, as with other creative work, should be protected by design registration. Design registration gives exclusive rights to exploit the design, meaning exclusive rights to sell, advertise or otherwise commercially use the appearance or shape of a product.

In addition to the classical and tangible design protection objects, such as furniture, interior, shoes, vehicles, etc., design protection is also available for intangible objects such as websites and ornaments, or composite products such as a cafe interior. Also movements or sequences may be protected as designs, as so-called moving designs.

There is increasing international focus on the benefits resulting from design protection and we experience a higher number of national design applications. Tough Norwegian design law is harmonized with EU design law, there are still local differences related to filing requirements. Bryn Aarflot’s design attorneys have long experience with preparing and filing design applications in Norway and may guide you through the specifics prior to filing your design application. Our design attorneys may also assist with preparing and implementing a strong IP and design protection strategy for optimal enforcement of your design rights, both in Norway and internationally.

Filing Norwegian design applications

Design applications are filed via the Norwegian Industrial Property Office (NIPO). NIPO will examine if the design application meets the local filing criteria. Tough Norwegian design law is harmonized with EU design law, there are still local differences related to filing requirements including, for instance, usage of dotted lines/disclaimers to indicate the subject to be design protected.

Bryn Aarflot’s design attorneys are well experienced in filing design applications in Norway and may assist to secure that the application is filed in accordance with Norwegian design practice.

NIPO will not examine if the design meets the criteria of novelty or individual character before. If you wish to determine the validity of your design registration or if the design infringes earlier designs, then a prior art search may be conducted instead. Bryn Aarflot’s design attorneys may assist with such search prior to filing, or before the design is placed on the market.

Portfolio management

Bryn Aarflot’s design team are experts at managing design portfolios on behalf of clients. As part of the design portfolio management, we take care of all deadlines, payment of official fees and renewals. Our design attorneys will also assist with identifying and applying changes, development and restructuring of the design portfolio.

Conflicts and legal procedure related to designs

Design registration gives objective protection against similar design, meaning that infringement may be established even if the designer of the newest design was unaware of the registered and protected design. The only criteria is that the two designs have the same overall appearance. Therefore, evidence of copying or other subjective intentions with the infringing design is not necessary to establish infringement. It is these considerations that makes design registration a valuable IP strategy besides copyright or protection of unregistered rights, where subjective copying must be established in the infringing design to be successful with claims of infringement.

Our design lawyers have considerable knowledge and experience in design conflict matters, both litigation and administrative reviews, and are among the leading counsels in Norwegian design law. We may therefore assist whether your design has been copied by a third party, or should you have been unfortunate enough to receive an infringement claim against you.

Courses and workshops in design law

Bryn Aarflot’s experienced lawyers tailor-make speeches and workshops in design law. We offer everything from basic design law training to more in-depth speeches on particular design law issues, such as:

– What can be protected by a design right?
– What is required to achieve design protection?
– Content of design protection and its scope
– Strategy for optimal design protection and enforcement of your design rights
– Strategy for commercial exploitation of your designs
– Portfolio management for design rights
– International design registration