One product can involve several intellectual property rights. Their requirements, owners and remedies must be analysed separately, even where they protect related features.
Registered designs and copyright
A registered design concerns qualifying appearance under design law. Copyright requires a work meeting the applicable originality requirements. In Cofemel, the Court of Justice explained that an aesthetic effect alone is not the test for copyright protection. A product may qualify for both forms of protection, but registration does not establish copyright automatically and the expiry of a design does not by itself decide every copyright issue.
Trade marks and product shape
A name, logo or, in appropriate circumstances, a product shape may function as an indication of commercial origin. Trade mark requirements and exclusions differ from design law. Filing a design should not be presented as a substitute for clearing and protecting the brand, and a trade mark application should not be used on the assumption that every distinctive-looking shape is registrable.
Technical protection
A patent or utility model concerns technical subject matter under its own legal requirements. The visible housing of a product may call for design protection while its mechanism calls for a technical-IP assessment. Disclosure can affect these rights differently. Coordinate the filing teams before a public demonstration rather than assuming a design application preserves all patent opportunities.
Unfair competition and imitation
Under German unfair competition law, imitation can be unlawful in particular circumstances, but there is no general prohibition on every copy of an unprotected product. Product distinctiveness, source confusion, exploitation of reputation and the circumstances of acquisition may need analysis. The facts and evidence should be developed separately from a registered-design comparison.
Ownership and enforcement
The registered proprietor, author, copyright licensee and brand owner may be different people or companies. Identify who can assert each claim and what permissions or assignments exist. A warning letter should state the relevant rights accurately. Adding unsupported claims can complicate settlement and increase risk without improving protection.
Three practical situations
A decorative lamp
The shape may justify design registration, while copyright depends on the original expression in the work. The brand name and any technical lighting mechanism need separate review.
A software interface
The visual interface, source code, icon artwork and product name can involve different rights and different contributors. The contract and filing programme should map those assets individually.
A lookalike package
A competing package may raise design, trade mark and unfair-competition issues. The evidence must distinguish the protected appearance from branding and the circumstances of marketing.
Discuss the next step
Send the product images, relevant documents, countries and any known deadline. We identify the scope of the assessment and confirm the proposed work, fees and any international coordination before taking the agreed steps.
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Legal resources
Official legal framework and guidance. Editorial review: 11 November 2026.