The more crucial a product is to your business, the higher the level of IP protection you should seek to obtain. That means considering design rights as part of your overall IP strategy. If you have (a) a multiple design filing strategy and (b) a bundle of IP rights – patents, trade marks, and design rights – then if one right fails in an infringement action, others may offer further lines of protection.

For example, car companies often build a portfolio of registered design rights, with registrations ranging from protection of the overall shape of a vehicle to specific components. In this way, a defence in depth is created for the design of the car.

Filing multiple designs that cover the overall appearance as well as individual elements of the product improves enforceability, acts as a deterrent, and provides a suite of rights to rely on in the event of infringement.

While it can be more complicated to enforce design rights compared to other IP, the speed, ease and cost of registration means they are well worth obtaining alongside other rights, in particular for products that cannot be covered by trade marks or patents. Being able to rely on unregistered design rights alongside registered designs in an enforcement action can also be beneficial.

If you do find similar products to your product are being made or sold, or if you believe elements of your product or packaging are being used by competitors, design rights – both registered and unregistered - can be invaluable. Enforcing design rights, possibly in combination with other IP rights, can encourage competitors to stop making those products or to remove those products from sale or, if necessary, enable successful litigation in the courts.