Why design rights matter and where they fit in your IP strategy
Often considered as an afterthought in comparison to patents and trade marks, design rights should be front of mind for all those designing new products, whether it’s a new medical device, wallpaper, a perfume, or a dress. Having a different subject of protection, namely the appearance of a product – as opposed to protecting an indication of commercial origin or a technical solution – unregistered and registered designs can be valuable both as commercial assets and as protection from infringement, since they are a powerful tool in the IP armoury. Design rights are also important to your competitor’s portfolios. Therefore, to get the most benefit from design rights, you need to adopt an effective strategy from the outset both in terms of (a) your filing strategy, (b) your search and clearance strategy, and (c) your enforcement strategy against those infringing your design rights.
Why use design rights?
Patents protect function. Trademarks protect brand names and logos. Registered designs fill the gap by protecting appearance. Together, they form a layered IP strategy that’s harder for competitors to get around.
In today’s competitive marketplace, the way a product looks can be just as important as how it works. Consumers make buying decisions not only on performance and price, but also on visual appeal. For businesses, this means that protecting the appearance of products is a vital part of securing market share and maintaining brand value. If your business invests time, effort, and money into creating products that look appealing to customers, then design protection is not just desirable, it’s essential.
Design rights are clearly important in sectors where visual appeal drives consumer choice, such as fashion, furniture, or consumer goods, where how a product looks is often as important as what it does. In these sectors, a competitor releasing a lookalike product that undercuts you on price will divert sales away from your business and may harm your brand’s reputation for quality and innovation.
However, this doesn’t mean that design rights are irrelevant in sectors where functionality dominates, such as medical devices, industrial equipment, or technical instruments, where at first glance the visual appearance may not appear to be a primary concern. In fact, design protection can be just as valuable in these sectors, sometimes more so.
Even in technical fields, products may be recognised and trusted by their appearance. A unique housing shape, interface layout, or ergonomic contour can become a hallmark of your brand. Design rights ensure competitors cannot mimic these elements to pass off their product as yours.
Medical devices and technical equipment often involve years of R&D. The design of enclosures, connectors, or user interfaces is carefully developed to meet regulatory standards, user comfort, and branding. Registering those design features protects that investment from being copied.
Therefore, even if appearance isn’t the primary selling point, design rights protect recognition, trust, and distinctiveness.
Unlike patents, registered design rights are quick and relatively inexpensive to obtain. Yet they provide strong protection – up to 25 years – making them a practical addition to any IP portfolio.
In addition, having strong registered design rights doesn’t just help you take action when your design is copied - it also deters competitors from copying in the first place. Without them, you may be seen as an easier target.
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