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Designs- a guide:

Up until recently, IP protection on design has been regulated through an outdated ordinance from 1926. In 2017 a new law was passed to try and keep up with modern innovation and technology.

Let's start with the basics:

A design, as defined by law is the appearance of a product or part of it, consisting of one or more visual characteristic.  A product can be any object:  an article of clothing, accessories, a fancy dish, technology- you name it.

Registering your design protects the visual characteristics of the products, not the function of the product (that can be done through patent protection).

To register a design you must prove:

  • Your design is not solely functional and includes a visual characteristic.

  • Your design is new with a unique character.

Before applying for a design, it is recommended to do some research to ensure your design meets the above requirements.

It is not mandatory to register a design to receive protection. Although, once a design is registered, the design owner is granted the exclusive right to manufacture, import, sell or rent his design. These rights are granted for up to 25 years. In addition, Registration of a design could be used in claims against violators.

A design application can be filed independently or through the designated lawyer and must be filed to the Israeli Patent office with the following attachments: Name of design owner, address for document delivery, name of design/product nickname, classification of the application based on the product designation, visual description, presentation of the design from different points of view accompanied by a description and image of the design for each angle, and fee.

Another way to strengthen and expand your design protection is by protecting it abroad:

In order to protect your design in other countries, you apply for registration in each one of those countries. In addition, you can apply internationally through the Hague Agreement.

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