INTRODUCTION

In today’s competitive and fast-paced marketplace, securing multiple design rights is a strategic necessity for creators, innovators, and businesses. Design rights legally protect the visual appearance of a product—such as its shape, pattern, ornamentation, or configuration—which distinguishes it from others. When a product line involves several distinctive visual elements or variations, protecting each through multiple design rights ensures broader legal coverage and commercial advantage. This article outlines the approaches, legal mechanisms, and best practices for effectively securing multiple design rights across jurisdictions.

UNDERSTANDING DESIGN RIGHTS

Design rights can be either registered or unregistered, depending on the jurisdiction and the creator’s intent. Registered design rights offer stronger and longer-term protection, usually ranging from 10 to 25 years, whereas unregistered rights provide shorter protection and often require proof of copying. Each visual variation of a product may be eligible for separate design protection.

IDENTIFYING DISTINCT DESIGN ELEMENTS

To secure multiple design rights, the first step is to identify all unique visual aspects of the product or product family. This includes shapes, contours, surface patterns, color combinations, packaging designs, interface layouts (for digital products), and ornamentation. Each of these can be independently registered as a design if they are new and original.

PREPARING MULTIPLE APPLICATIONS

Designs can be protected individually or collectively. Most jurisdictions allow multiple design applications—where several related designs are filed together in one application (also known as a multiple or series application). This approach is cost-effective and administratively efficient, especially when protecting variations of a design (e.g., a chair in five styles).

USE OF LOCARNO CLASSIFICATION

Each design application must be categorized using the Locarno Classification system, an international design classification used in over 60 countries. Proper classification ensures that each design is processed correctly and increases the chances of successful registration. When filing multiple designs, ensure that they fall under the same Locarno class or subclass, unless multiple classes are allowed by the jurisdiction.

MEETING NOVELTY AND ORIGINALITY CRITERIA

Each design in a multi-design application must meet the novelty and originality standards set by the design office. If one of the designs fails this requirement, it may be refused even if the others are accepted. Designers should ensure that no public disclosure or commercialization occurs before filing, as this can compromise novelty.

INTERNATIONAL FILING STRATEGIES

To protect multiple designs globally, designers can use systems like the Hague System for the International Registration of Industrial Designs, administered by WIPO. A single application can cover multiple designs and designate several countries. This is ideal for businesses targeting international markets and wanting centralized management of their design rights.

BENEFITS OF MODULAR REGISTRATION

If your product consists of interchangeable or modular parts (e.g., a customizable bag with different handles), each component can be protected separately. This creates a modular protection strategy where copying even a small part of the overall design may constitute infringement. This layered approach strengthens enforcement capability.

RENEWALS AND MAINTENANCE OF MULTIPLE RIGHTS

Managing multiple design rights also means tracking renewal deadlines, which vary by jurisdiction. Most registered designs require renewal every 5 years. Using IP management tools or professional services helps ensure that no rights lapse due to administrative oversight.

COMMON CHALLENGES AND HOW TO AVOID THEM

Challenges in securing multiple design rights include overlapping claims, classification errors, inconsistency in visual representations, and loss of novelty through prior disclosures. To avoid these, consult IP professionals, maintain proper documentation, and ensure that high-quality representations (images or drawings) are submitted for each design.

COMPLEMENTING DESIGNS WITH OTHER IP RIGHTS

In many cases, design rights work best when combined with trademark protection (for logos and brand identifiers) and copyrights (for artistic elements). For example, a product’s unique packaging design could be protected through both design registration and trade dress under trademark law. This creates a comprehensive IP shield around your product.

CONCLUSION

Securing multiple design rights is a proactive and strategic way to safeguard product aesthetics and gain a legal edge in the marketplace. By understanding the procedural nuances, maintaining novelty, and leveraging international systems, creators can ensure robust protection for all aspects of their design work. In a world where appearance often drives consumer choice, comprehensive design protection is not just wise—it’s essential.

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