Industrial Design in Different Jurisdictions: A Comparison of Laws

Abstract

Commercial success of a product nowadays largely depends upon its attractiveness and visual appeal. Design nourishes creativity in the industrial and manufacturing sector and thereby helps to expand commercial activities ultimately leading to economic development. For this reason companies use intellectual property laws to protect industrial designs which are important tools for branding. Brand names affirmed by industrial designs have become the most important strategic factor for an increasing number of companies. This article explains how intellectual property laws protect design and compares different design protection systems in the US, the EU, Australia and Japan. This evaluation shows that design protection is considerably different amongst these four developed countries. The article also highlights some of the most important cases relating to industrial design in these jurisdictions. These four countries account for a significant number of design registrations and applications globally. Moreover, these countries have innovated and developed the industrial design protection system which entails that a rigorous comparison of these design systems could provide valuable insights for other jurisdictions.