What is a design right?

We recommend protecting new designs with design rights, which provide the exclusive right to the way your product looks. A design right is an effective way to prevent others from copying and exploiting your industrial design. It is a cost-effective way to protect yourself against copying and counterfeits.

Design rights – i.e. registering the way your product looks – gives you exclusive right to a specific design for a limited time. Designs can be registered to protect the look of the entire product, a part of the product or just a small detail.

Your product can be any functional or decorative item, such as a mobile phone, drill, toothbrush, vase or a piece of jewelry.

You can also protect graphic symbols, logos, computer icons, user interface graphics and even typefaces with a registered design. In Finland, the EU and Eurasia, design rights are granted for a maximum of 25 years. You can also license or sell a design right.

The design must be new and have a distinctive character over prior design registrations in order to be registered in Finland and the EU.

Applying for design rights

Generally, a design right is a country-specific right that you apply for through national patent offices. The exceptions are the EU design, which covers the entire EU, and the Eurasian design, which covers the eight EAPO member countries.

Registering a EU design (EUIPO)

Applications filed with the European Union Intellectual Property Office (EUIPO)
Protection covers all 27 EU member states
There is no substantive examination of your application, so the registration process is quick
The design must be new and have a distinctive character

Benefits of a registered EU design

Quick registration and affordable price
Wide geographical coverage

Unregistered EU design

EIn certain cases within the EU, you can appeal an unregistered EU model. The prerequisites are:

The first disclosure of your product took place within the EU
The product was new and had a distinctive character at the time of disclosure.

The scope of protection conferred by an unregistered EU design is narrower, as it only protects the design against direct copying. It is also more difficult to appeal an unregistered EU design right, and it is only valid for three years from the date of the first disclosure within the EU. Generally, we recommend using an unregistered EU model only if registration is no longer possible.

National design right in different regions

Finland

Authority: Finnish Patent and Registration Office (PRH)
PRH examines the application’s qualifications for registration only for national designs

Countries outside the EU

The United States, Russia, South Korea, Japan etc. examine the qualifications for registration more carefully

International design registration

Applications filed with the World Intellectual Property Organization (WIPO)
Agreement system: Hague Agreement, Geneva Act
Makes it possible to protect the design in several countries within the agreement system with one application
Registration demands may vary in different countries, so it is important to get to know the registration qualifications of the country in question before submitting the application