What can be protected as a Design?

A valid application, followed by registration, provides an exclusive right to the design, on the basis of which the holder can oppose infringements resulting from the manufacture, import, export, sale, offer for sale, location, offer for location, exhibition, delivery, use or storage of a counterfeit design for industrial or commercial intent.

The two types of protection provided by the Community Regulation – the registered Community design and the unregistered Community design – are both enforceable within all 27 countries of the European Union.

Contrary to a registered Community design, an unregistered Community design confers only the right to prevent copying and thus does not allow action to be taken against identical or similar designs which have been independently thought of by another creator.