Applying in other countries
It’s a good idea to register your design in all the countries where you are planning on using the design commercially. Then you have a strong case if someone tries to copy your design.
When you have acquired a design registration, you should consider how you can best take advantage of your right. You can, for instance, use it in marketing, in agreements with cooperation partners and to display the values of your business.
It’s a good idea to register your design in all the countries where you are planning on using the design commercially. Then you have a strong case if someone tries to copy your design.
It can be interesting to keep an eye on what others are doing, for instance your competitors. Make a simple search in our designs register, or set up an alert so that you can follow up over a longer period.
Your design registration is valid for five years from the date when you file your application. You can renew it further for four five-year periods up to a maximum of 25 years. We will send you an alert that the registration can be renewed when it is approaching the expiry of a five-year period.
A design right should be used - make it clear that you own the design!
Show it on your web page, on the packaging, on the product itself and on your marketing materials that this is a registered design.
A design registration will help displaying the values of your business, and can make it easier for you to attract cooperation partners for partnership and investments.
With a documented right to a design, it is easier to sell your right, license it out or use it to enter into collaborative agreements.
Many will hesitate to copy a product they know is protected by the Designs Act. There is no particular symbol showing that the product is a registered design, but you can for instance print the registration number on the product itself, or refer to it in advertisements, leaflets and on web pages.
«Be inspired, but don’t copy!»
Unfortunately, we cannot give a straightforward answer to this question, because every case is unique. We must assess whether the overall impression of a design is similar to the overall impression of another design.
Changes in small details will most often not be enough to give a different overall impression.
In addition, it is important for the scope of the protection how much freedom the designer had in developing the design. Some features in a design may be necessary for the design to fulfil a technical function. It is not possible to have sole right to such features.
Piracy copying differs from other copying and imitation in that someone produces a slavish imitation of a product, a trademark or a technical solution to which others have the rights, with the object of making the consumers believe it is an authentic product.
If you discover that someone is selling a design that, in your opinion, is an infringement of your design registration, you should first assess thoroughly if you really think the other design gives the same overall impression as your design.
If you consider it an infringement, you should contact the other party and explain your view. It’s a good idea to do this in writing which you can later document. You should attach a copy of your registration and request that the other party stops using the design. In many cases you will succeed in stopping the use when you can document your exclusive right to the design.
If the other party does not agree with you or does not respect you right, you must take your case to court. Then you should contact a lawyer who is specialized in intellectual property. A documented right in the form of a design registration shows the date when the design was filed at NIPO. This will be of great importance in a possible lawsuit.
– Our aim is to become an international brand. That means we need protection in an international market.
Sonja Djønne and Thoralf Lian
It is possible for others to raise objections against your design registration. This may in some cases lead to invalidation of your design registration. Read more about appeal options.
Your design registration is valid for five years. If you wish to maintain your right further, you must pay a renewal fee. Read more about renewal.
Do you want to find new business opportunities and sources of income? Maybe you dream of selling your products in new markets?
Licensing can open doors to new opportunities.
Published on 28. november 2024
Published on 24. september 2024
Published on 23. september 2024