Mag. Balazs Esztegar LL.M.
Attorney-at-law Vienna

Piaristengasse 41/10
1080 Vienna, Austria
Tel. +43 1 997 4102
Fax +43 1 997 4102-99

Design protection - What is that?

An appealing design often gives a product a decisive edge in successful marketing. Therefore, it is important to ensure the legally possible protection for an individual design. In the 07/2017 issue of "Holzmagazin", lawyer Balazs Esztegar explained the main features of design protection.

Terms, product names or logos can be protected as trade marks. The protection of a design, i.e. the specific appearance of a product, on the other hand, falls within the scope of design protection (this is also referred to as "registered design"). 

The object of design protection is the appearance of a product. The objects of protection in the field of design protection can be manifold. Design protection covers all features that are perceptible to the eye, such as shape, colour, design, surface texture or ornamentation.

Design protection arises with the registration of the design in the design protection register. An application can be made either for Austria only or for the entire European Union, which means that the design can be protected in all 28 Member States of the European Union in one step.

The term of protection is initially 5 years and can be extended by another 5 years to a maximum of 25 years. After expiry of the protection period, the design protection expires.