What is an Industrial Design?

In the modern global economy, industrial designs play a vital role in shaping market outcomes, improving product appeal, and protecting competitive advantage. They legally protect the visual identity of products, bolster market differentiation, and can significantly enhance commercial value. In this article, HAVIP Co., Ltd. will provide you with a comprehensive guide regarding the legal concept of industrial designs, their scope, registration requirements, and protection mechanisms.

Legal Definition

An industrial design refers to the aesthetic or ornamental features of a product – such as its shape, lines, contours, color, texture, or materials – which impart its distinctive appearance. These designs may be two – dimensional (e.g., patterns, graphic user interfaces) or three-dimensional (e.g., product shape, styling). Despite overlaps with artistic works, industrial designs focus on appearance, not technical function. Components solely driven by function are generally excluded from protection.

Purpose and Significance

Industrial design laws protect visual attributes that influence consumer preference. For businesses, this translates to:

• Distinctive appearance for market differentiation.
• Legal exclusivity prevents imitation or unauthorized copying of appearance, shape, or decoration.
• Added brand value, enabling premium positioning.

For instance, industrial design rights grant the holder authority to prevent unauthorized production, sale, import, or stocking of infringing products for commercial purposes.

Scope and Requirements for Protection

Novelty and Originality

Most jurisdictions require that an industrial design be novel – meaning that no identical or substantially similar designs have been publicly disclosed before the filing date. In the EU, additionally, the design must possess individual character, meaning the “informed user” perceives it as different from others.

Visible During Normal Use

Only visible design elements qualify. Hidden or internal features not seen during normal usage are typically excluded from registration.

Non‑Functional

Designs driven purely by technical or functional necessity are not eligible. For instance, the shape mandated by fit or interchangeability is excluded (“must‑fit doctrine”) .

Enforcement and Remedies

Rights and Remedies

Design rights entitle holders to legally prevent unauthorized copying. Remedies include:

• Injunctions.
• Damages.
• Seizure/destruction of infringing goods.

Border Control

Rights holders can register designs with customs authorities to intercept infringing imports.

Invalidity and Litigation

Any third party may request invalidation of a design on grounds of lack of novelty, insufficient individual character, or unjust registration. National courts or IP offices adjudicate such cases.