Many countries restrict the registration of the following designs:
- The design does not meet the standards for newness, originality, and/or distinctiveness.
- The design is stated to have been created due to the required technological function of the product. Depending on the specific situation, functional or technical design elements may be covered by additional intellectual property rights (such as patents, utility models, or trade secrets).
- The design includes a protected official symbol or emblem (such as a national flag).
- The design is considered to be against public order and morality.
Additionally, it’s crucial to keep in mind that some countries do not protect handicrafts since their industrial design law indicates that the product presenting the industrial design must be “industrial products” or made from “industrial means”.
Depending on national law, there may be other limitations on who may or may not register as an industrial design. It is advisable to consult with the representative for industrial property or the relevant national industrial property office.
Traditional industrial design
According to intellectual property law, traditional designs and other forms of traditional cultural expression (folklore) are commonly regarded as “community property” and thus are not protected. However, modern alterations and interpretations of industrial designs made by individuals may be deemed to have “originality” and “newness” for the purposes of industrial design protection. Many countries have registered designs with a traditional basis. Intellectual property protection for modern imitations of traditional designs is a worthy reward for creativity and modern invention.
