Design is understood to be the appearance of the whole or part of a product, derived from the special characteristics of lines, configuration, color, shape, texture or material of the product itself or its ornamentation. Appearance is the protected legal asset, what makes consumers, faced with two products of identical functionality, choose one or the other based on the aesthetics that are most attractive to them:
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DMC 001240030-0003 |
DMC 002275768-0001 |
About 70% of companies say they take design into account in some way in their strategy. Most companies relate design to improving sales and image. However, companies do not attach enough importance to the protection of designs and innovation. Less than a third of companies legally protect their designs and a high percentage (15.8%) say they are unaware of this issue.
Without protection, the design will enter the public domain, and anyone would be allowed to use it or imitate it without our consent.
Unlike what happens with trademarks, the general impression of an informed user in the field of designs is not affected by the risk of confusion, which is the trademark's own institute. That is, the infringement of the design does not require confusion neither in the consumer nor in the informed user; it only requires that, in his eyes, the disputed product produce the same overall impression.
IN CHALLENGING TIMES IT IS PRECISE TO SEEK COMPETITIVENESS IN DIFFERENTIATION. COMPANIES THAT BET ON DESIGN ARE THOSE THAT HAVE UNDERSTOOD ITS STRATEGIC VALUE AND WANT TO TAKE ADVANTAGE OF ITS POTENTIAL.
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