“To achieve forms that could create experiences, and that could at the same time welcome everyone's experiences with the serenity of an effortless development”. This statement by late architect and designer Gae Aulenti, among other things responsible for turning the Beaux Arts Gare d'Orsay train station into the Musée d’Orsay in Paris and creating an iconic piece of design like the Pipistrello lamp, sums up how she thought about designs and their role.
Designs are indeed objects that combine functionality with aesthetic appeal. Designs like those of footwear, furniture, means of transport, home equipment, or healthcare are all part of our lives. Designers’ works also reduce or remove barriers and thus favour inclusivity in our societies: as an example, think of tactile pavement, which was invented in Japan in the late 1960s and is now found everywhere. Furthermore, designers’ creativity often goes hand in hand with new and emerging societal sensitivities: for example, the rise of the circular economy, including waste reduction and sustainable consumption, has incentivised upcycled designs too.
In all this, how can intellectual property (IP) protect designs so that designers feel encouraged to exercise their creativity, are able to exploit their resulting efforts, and are protected against copying?
IP protection of designs
Designs can be protected in different ways through IP. For example, if a design embodies a technical advancement, the invention incorporated in the design can be protected through a patent, as it has been the case of bicycles and fitness equipment.
What about the appearance of the design? Besides copyright, which arises automatically provided that the design at issue is original, the way a design looks like can be protected through design rights and, in some instances, trade marks.
EU design rights safeguard the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. Protection against copying is automatic in the case of unregistered design rights, but for longer and broader protection then the route of registered design rights should be pursued.
Since 2003, the European Union Intellectual Property Office (EUIPO) has been registering design rights with validity across the European Union territory. A simple search of the EUIPO database shows that it is indeed possible to register the design of goods like, for example, shoes, gaming chairs, mopeds, kitchen appliances, and hospital beds. It is expected that, by the end of 2024, the EUIPO will reach the important milestone of 2 million design applications!
The EU design system is currently undergoing a major reform, through the revision of both the directive and regulation governing, respectively, national and EU-wide design rights. Among the main innovations, it will be for example possible to protect animations through design rights.
Certain designs may be also protected through trade marks. This IP right protects signs – including shapes, the packaging of goods, and patterns – that are capable of being perceived as indicators of commercial origin. The EUIPO also registers EU-wide trade marks. A search of the EUIPO database reveals that trade mark registrations have been granted for patterns affixed on goods like bags which, in turn, are protected by a registered design right themselves. Similarly, trade mark registrations are available for the shape and packaging of food products like chocolate and mints.
The future ahead
Designs have an impact on everyday life. Some of them are key to ensuring societal progress; some even come to define the culture and spirit a certain age. Just think of the several thousands of designs on display in several museums around the world: these exhibits recognize the role of designs in transcending mere utility and becoming an integral part of a given society’s history and culture.
Every year, the EUIPO also celebrates excellence in design among holders of registered design rights through its DesignEuropa Awards. This year’s winners are the designers of a transparent turntable and a hospital bed. On this occasion, the Next Generation Design Award and Lifetime Achievement Award are also assigned. This year’s Next Generation Design Award is Chiara Mignani, a rising star in yacht design, while the 2024 Lifetime Achievement Award recipient is Dieter Rams. During his 40-plus year career at Braun, Mr Rams created many iconic products that revolutionised household appliances, including the SK4 radio-phono combination, T2 cylindric lighter, and T1000 world-band receiver.
In all this, IP rights play a key role in safeguarding designers’ ingenuity and achievements. While some forms of IP protection arise automatically, registration is key to secure certain IP rights and, in the case of design rights, obtain broader and longer protection. In sum, and to paraphrase Mr Rams himself: “Good design is making something intelligible and memorable. Great design is making something memorable and meaningful” … and IP-protected!