Registered designs protect the appearance of a product, as well as surface decoration (including graphic symbols or logos). To be valid, a registered design must be both new and have individual character. Features of construction, intended use, or other non “design” aspects cannot be protected by way of a registered design.
- A design is new if no identical design or no design whose features differ only in immaterial details have been made available to the public. This means that a design is not considered new if a similar design exists and the differences between the two are merely functional.
- A design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any existing design.