LOOK vs FUNCTIONALITY

TRENDS IN THE PROTECTION OF INDUSTRIAL DESIGNS.

Design Patents, often overlooked, are a form of protection that sits between copyright and trade dress to protect ornamental features of useful devices. Despite opinions to the contrary, Design Patents are still very relevant as data shows that filing numbers are increasing and protection of Design Patent have higher degree of success and are a cheaper alternative to other forms of protection. Some industries such as automobile, computers, cosmetics and clothing are very active in the use of Design Patents. The panel will discuss the state of the law for Industrial Designs, why are they still relevant and some examples on the proper use of industrial Designs in general as part of a proper protection strategy.