What is design?Design is the process of creating and developing products, services, systems or environments to be functional, aesthetically pleasing and user-friendly. Design refers to all aspects of a product or service, including its appearance, ergonomics, functionality, user interface, materials, manufacturing processes and other factors. Design can be applied to a variety of areas such as industrial design, graphic design, interior design, fashion design, web design and more. Each area of design has its own specific requirements and techniques. The goal of design is to create products or services that are useful, aesthetically pleasing and provide a positive experience for users. Design can also help improve the competitiveness of products or services in the marketplace and increase their value to customers. |
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Can design be protected by a registration?Yes, the appearance of an industrial product can be protected by registering a design. An industrial design can be protected if it is new, which means that it must not be publicly known before the application for protection is filed. It must also have an individual character, which means that it must be significantly different from other products already on the market. An industrial design can protect various elements of the appearance of a product which consist in its shape. It is particularly applicable in the automotive, furniture, consumer and packaging design sectors. Our office will prepare an application for protection to the adequate office authority, such as the Industrial Property Office in the Czech Republic, the Slovak Republic or the European Intellectual Property Office (EUIPO). We can also arrange protection abroad outside the EU. Once registered, the industrial pattern is protected for a certain period of time, usually for 5 years with the possibility of extending the protection for a longer period. |
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Can the web interface be protected by an industrial design?A web interface can be protected by a design if it meets the criteria for protection. An industrial design protects the appearance of a product, including the appearance of the web interface. In order to be protected by a design, the web interface must meet the criteria of novelty and individual character. This means that the web interface must be new and must not have been publicly known before the application for protection was filed. Furthermore, it must have a distinctive character, which means that it must be significantly different from other web interfaces already on the market. It is important to note that design protection only protects the appearance of the web interface, not its functionality or content. If you are interested in protecting the functionality or content of a web interface, it may be more appropriate to choose another form of protection, such as copyright or utility model or patent protection. In any case, if you are interested in protecting your web interface, it is advisable to schedule a consultation with us to learn more about your protection options. We will be happy to help you with the registration of the industrial design |
Can the user interface on the Internet be protected?An industrial design is intended to protect the appearance of an industrial product, not the user experience. UI (User Interface) refers to the design of interactive elements such as icons, buttons, menus, dialog boxes and other elements that are part of the user interface of software or websites. UI protection can be achieved through copyright, which protects original creations, including graphic design, that are part of the user interface. However, protecting the user interface by copyright can be difficult because many user interface elements are standardized and commonly used in different applications and websites. In addition, copyright protection requires the design to be original and distinctly different from others. In any case, if you are interested in UI protection, please contact us and we will provide you with further information on protection options. |
What are the possibilities of registration of industrial designs in the Czech/Slovak Republic?The Industrial design registrations that are valid in the territory of the Czech/Slovak Republic are:
The owner of an industrial design may choose one or more registrations in order to ensure protection of his/her industrial product design at different territorial levels. |
Is Community design registration preferable to national registration?The question of whether it is more advantageous to register a design at Community or national level depends on the specific situation and needs of the owner of the design. Registration of a Community design provides uniform protection throughout the European Union and allows the owner of the design to exclude others from making, selling or using a product with a similar appearance for the duration of the protection. Community design registration also allows the owner to defend against infringement of third party rights throughout the European Union. A national design registration allows the holder to defend against infringement of third party rights in the territory of that country. The choice between a Community design registration and a national design registration depends on many factors such as the scope of protection, the cost of registration, the market potential of the product and others. The owner of the design should consider his needs and objectives and, where appropriate, consult with us to decide which registration is most appropriate for him. We provide a free consultation before filing for a design. |
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What are the differences between a registered and an unregistered Community design?A Community Design is a form of intellectual property protection that protects the new and original appearance of an industrial product in the European Union. A Community Design can be registered or unregistered. A registered Community design is registered with the European Union Intellectual Property Office (EUIPO). Registration of a Community design gives the owner the right to exclusive use of the design throughout the European Union for up to 25 years. The registration of a Community design also allows the owner to defend against infringement of the rights of third parties. An industrial design that cannot be registered can still be protected as an unregistered Community design. An unregistered Community design protects the new and original design of an industrial product only for three years from its first publication in the European Union. The proprietor of an unregistered Community design may prevent commercial exploitation of the design only if the exploitation results from copying. Thus, if the design was independently created by the other originator of the design (who can prove that he was not aware of the existence of the protected design), there is no infringement. |
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What is the difference between a design and a three-dimensional trademark?Design and three-dimensional trademarks are two different forms of intellectual property protection that can be applied to the same products. Design refers to the protection of the appearance of industrial products such as furniture, clothing, packaging, websites, etc. Design protection protects the new and original appearance of an industrial product that is significantly different from other products on the market. Three-dimensional trademark refers to the protection of the three-dimensional shape of goods such as bottles, packaging, toys, etc. A three-dimensional trademark protects a specific shape of goods that serves to identify the goods of a particular company. Thus, the main difference between a design and a three-dimensional trademark is what is protected. A design protects the appearance of an industrial product, whereas a spatial trademark protects the specific shape of goods which serves to identify the goods of a particular undertaking on the market. |