In an internationally accepted English definition, a registered design is intended to protect what “appeals to the eyes”.
Therefore, we are talking about the protection of what is seen, the appearance, the aesthetic aspect of an object, regardless of any subjective appreciation and of whether the object has or not an artistic value.
The world of design is very broad and therefore the legislation provides for protection of both three-dimensional shapes and two-dimensional shapes or drawings.
However, this shape must be unique, meaning that it must differ from others on the market.
Legislative changes have also led to changes in the accepted terminology, replacing the old term “ornamental model” with the broader and internationally accepted term “design”.
Thus, a design registration replaces the patenting of the ornamental model, providing a greater number of applicants with the necessary instruments to protect their creations from infringement.
