Design has long ceased to be a mere exercise in form and aesthetics, increasingly asserting itself as a language that communicates values, differentiates brands, and shapes experiences. In a highly competitive market, where products stand out not only for their utility but also for the emotion and identity they convey, design has come to assume the status of a strategic asset, alongside trademarks and patents. What was once seen merely as aesthetic has become an economic argument and an instrument of competitive protection.

Whether in the unmistakable silhouette of a perfume bottle, the aerodynamic shape of a drone, or the ergonomics of a household utensil, design is a decisive factor in consumer recognition and loyalty.

In this context, beyond creating, it is equally important to protect, and this is where intellectual property comes into play.

Using the legal terminology provided by law, a design or model constitutes a specific legal category with autonomous protection that, under national and European legislation, refers to the appearance of the whole or part of a product resulting from its lines, contours, colours, shape, texture, or materials of the product itself and its ornamentation.

This protection grants the holder the exclusive right to use the design and to prohibit its use by third parties without consent. However, the advantages of registration go far beyond exclusivity, since a registered design represents a commercial asset that can be licensed, sold, or even integrated into investment agreements, thereby increasing a company’s asset value.
In a context where companies compete for originality and visual recognition, design registration can be seen as an additional layer of protection, covering form and appearance, elements that often constitute the first emotional connection between a product and its consumer.

Accordingly, it is essential to bear in mind that a design must meet two key requirements to enjoy legal protection: novelty and individual character.

To be considered new, a design must not have been publicly disclosed prior to the filing date of the registration application, except under the so-called “grace period,” which allows the creator to disclose the design, under certain circumstances, up to 12 months before filing, without losing protection rights.

Additionally, the design must produce an overall impression different from existing ones. In other words, it is not enough to be slightly different; the informed observer must perceive a substantial difference in its appearance.

These criteria ensure that design registration is not a mere formality, but rather a mechanism that rewards genuine visual innovation.

When Design makes the difference…

All around us, there are countless examples that demonstrate the strategic power of design protection. Apple, for instance, has relied on design registration to protect not only its devices but even some emojis, a strategy that has strengthened its position in legal battles around the world.

In the furniture and home décor sector, the giant IKEA has consistently protected the distinctive shapes of its pieces, preventing copies that could dilute the perception of originality and brand identity.
In the world of fashion, prestigious haute couture houses have used this mechanism to protect iconic patterns that define their brand identity.

Registration is only the first step, as the real added value of design as an intellectual property asset lies in the intelligent management of the associated rights and in an integrated approach that combines at least three dimensions:

• Strategic planning: identifying which visual elements truly provide distinctive value to the product and should be protected.
• Continuous monitoring: tracking the market and acting swiftly against imitations or unauthorized uses.
• Commercial valorization: exploiting the economic potential through licensing, franchising, or partnerships based on registered rights.

The most innovative companies view their design portfolios as asset portfolios that can be monetized alongside patents and trademarks. A well-managed design is an investment in reputation, differentiation, and competitiveness.

The New Frontier: the Potential of Blockchain Technology

The advancement of digital technologies has been revolutionizing the management of design rights. Blockchain technology, in particular, stands out by offering a secure and transparent way to verify authorship and the creation date of a design or model, ensuring the integrity and authenticity of such data.

This tool enables creators to prove the existence and originality of a design instantly and in a decentralized manner, reducing costs and increasing legal certainty. Although it does not replace formal registration with the competent authorities in each jurisdiction, it can serve as a strategic complement, namely an additional means of proof and management, especially useful in international contexts.

Companies that integrate blockchain into their IP strategies achieve greater agility in portfolio management, better traceability in the use of their designs and models, and more efficiency in dispute resolution.

In a landscape where aesthetics plays a role as strategic as functionality, design has become a key competitive differentiator. Protecting design means protecting brand identity, creative investment, and the emotional relationship with the public.

The registration and strategic management of design rights are not merely defensive measures but also instruments of growth and value creation. Those who regard design as a significant intellectual property asset understand that innovation is only sustainable when it is legally secure.

In short, the future of differentiation will depend not only on the creation of what is visually appealing, but also on the ability to protect what is distinctive and transform it into a lasting heritage of innovation and competitive value.

At ClarkeModet, we turn ideas into strategic assets! Contact us to discover how we can help you unlock the full value of your creativity.