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Design law FAQ

Practical answers to common questions about filing, disputes and international protection. Specific deadlines and national requirements should be checked for the individual matter.

Does one registration protect my design worldwide?

No. Protection is territorial. EU registration covers the EU; the Hague System is a route to designated participating territories. National filings may be needed. See our country guides.

Can I show a product before filing?

Disclosure can affect novelty. Certain German and EU disclosures benefit from a limited grace period, but other countries differ. Plan the filing before a public launch and preserve evidence of any earlier disclosure.

Does registration prove that my design is valid?

No. German and EU registration do not establish that novelty and individual character have been substantively confirmed. Those issues can be tested in a later dispute or invalidity proceeding.

How long does protection last?

Registered German and EU designs can last up to 25 years subject to renewals. Unregistered EU protection is shorter and has different conditions. Foreign systems have their own terms and requirements.

What if I receive a warning letter?

Record the deadline, preserve the documents and do not assume the proposed undertaking is standard or harmless. Obtain advice on the right, alleged use, validity and procedural options.

Can an interface or animation be protected?

Design protection can concern the visual appearance of a digital product or interface. It does not protect software functionality as such. Representation and disclosure strategy remain central.

Do I have to complete every enquiry field?

No. All fields are optional. Please leave a contact method if you would like a reply and mention any urgent deadline. Sending the form does not itself create a lawyer-client relationship.

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Clear answers before filing, launch or a dispute.

Can I protect just part of a product?

A qualifying part may be protectable, but the representation must identify what is claimed and what is excluded. Visual disclaimers and national practice need careful attention. A separate whole-product filing may also be useful. See the guide to representations and partial designs.

Who owns a design made by an employee or freelancer?

The answer depends on the applicable law and the contractual relationship. Employment, commissioning and copyright rules should not be conflated. Review the chain of title before filing or licensing; payment and possession of files are not a complete ownership record. See employee and commissioned designs.

Does my own registration give me freedom to use the product?

No. A registration does not automatically clear earlier design rights, copyright, trade marks or patents. A freedom-to-operate assessment considers the actual product, countries and relevant third-party rights.

Can copyright continue after a design registration expires?

Potential overlap must be assessed under the applicable copyright requirements. A design registration neither automatically creates copyright nor decides its duration. The particular work, authorship and rights acquired matter. See designs and other IP rights.

Can a Hague registration be expanded by adding countries later?

Further territories generally require a further application rather than adding them to an existing Hague registration. Priority and disclosure must then be assessed at that later time. Decide the essential markets before the first filing and six-month priority deadline.

Are spare parts always free to copy?

No. The applicable repair provision, product type, use and transitional rules must be checked. Other rights may remain relevant. A replacement restoring original appearance can raise different issues from a styling accessory. See spare parts and repair.

Is a marketplace takedown the same as winning a court case?

No. A platform applies its own complaint procedure and may not determine the complete legal dispute. Preserve the evidence, assess counter-notices and identify the seller or supply source. See online enforcement and customs.

Can we keep the application secret until launch?

Publication deferment may be available, but its duration and procedure vary. Some territories do not allow it. An NDA and publication deferment solve different problems. Agree publication instructions expressly and track the relevant dates.

What if the product changes after filing?

A materially changed appearance may need a further application. Do not assume the earlier filing or priority covers all later variants. Keep the exact filed images and a version history, and review changes before public release.

What should we do after an adverse office decision?

Read the full decision and service details promptly. Appeal, grounds and fee requirements can have different deadlines. Obtain an assessment of the actual reasoning and available remedies. See proceedings and appeals.

Three useful first enquiries

For a launch, identify the product and first public release. For a dispute, identify the asserted right and deadline. For international expansion, list the intended sales and manufacturing countries.

Talk to our design team

Tell us about the product, the markets involved and any launch or dispute deadline. All fields in our enquiry form are optional.

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