What is a Design?

As far as consumers are concerned, it is often not the scarcely differentiatable quality of a product which is decisive, but rather the design. Provided that such a design is new, it can be protected by a design right. This right encompasses all the features of a product which can be appreciated by the eye, such as the colour, form, surface, or ornamentation. By registering a design, you can protect your product against undesirable imitators, and so secure the consistent success of your company.

There are various different sectors of validity in the design sector too. The use of an Austrian design provides protection for the entire State territory of the Republic. As is the case with trademark protection, with the Harmonization Office for the Internal Market, in Alicante (Spain), provides an extended design protection, which is known as the Community design. With the accession of the European Community to the Hague Agreement, Austrian applicants are able to nominate members of the Hague system for the protection of designs and models as of the beginning of 2008.

In general, a design is registered for five years, but can be extended in five-year increments for up to a maximum of 25 years.