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| Is Design Protection Underrated? |
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In many cases YES! Designs provide protection in addition to patents which cover the technical aspects, including the function of a product. The protection of shape or form is a "must" for most consumer goods. In many cases, the form (e.g. the housing) covers the parts it encompasses. The protection of form and shape may indirectly protect the specific structure below.
Design protection is also complementary to trademarks: e.g. the Coke bottle may originally have only been covered by a design registration to prevent copying during its initial 15 years of its life-time.
As the design became famous however, it became protected
even without registration - by unfair competition laws or
trademark law - and now it cannot be copied. Design protection
is generally inexpensive and the duration ranges from 15 to
20 years. Design protection deserves much greater attention.
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