WIPOD – Design Talks: Transcript of Episode 1

Why Designs Matter, and How WIPO’s Hague System Helps Designers

Hello and welcome to Design Talks, a new podcast brought to you by the Hague Registry, overseeing the international design system of the World Intellectual Property Organization!

This episode is just the first of a series that will involve designers and entrepreneurs from all around the world. We’ll feature special guests who will share their entrepreneurial journeys and explain how industrial designs play a key role in creating sustainable solutions for a better tomorrow. They’ll elaborate on the benefits gained through the protection of their designs and highlight how it helped them generate value, develop their brand, access new markets, and more.

So, let’s begin. What is a design and why should it be protected? What is the International Design System, or the Hague System? Continue listening to find out.

My name is Sarah, and I will be your host.

What is an industrial design?

Let’s start with the definition of an industrial design. An industrial design constitutes the ornamental or aesthetic aspects of a product. It may consist of three-dimensional features, such as the shape, or two-dimensional features, such as patterns, lines, or colors, or even a graphical user interface.

In other words, everything around us is a design: your chair, the earbuds you might be using right now, and the cup from which you may be sipping your coffee or tea while listening to this podcast.

Many of us choose what to buy, wear, or use solely based on its design. As consumers faced with many choices often equal in price, technology, and brand appeal, we frequently find ourselves swayed by the allure of design, recognizing its pivotal role in shaping our preferences and influencing our decisions.

After all, who among us would willingly invest in a product that fails to captivate their aesthetic sensibilities? It’s no surprise, then, that Microsoft, Mercedes and Samsung, just to name a few, are all owners of international design registrations.

Innovative designs combine creativity and functionality, to make our lives easier and more comfortable.

Who should protect their designs, and why?

So, who should protect their designs and why?

Whether you are a creative professional or an inventor, a manufacturer or product developer, an artist or a fashion designer, a free-lance or a corporation… you should protect your designs. It will allow you to safeguard your intellectual property rights, ensure you can benefit from your innovation and maintain your creative identity.

Case Study: Vinfast

An exemplary case that demonstrates the impact of integrating design protection into a company's strategy on fostering growth is the story of VinFast. This electric vehicle manufacturer, hailing from Vietnam, provides a compelling illustration of how entrepreneurs from developing countries are increasingly recognizing the significance of design protection in expanding their presence in international markets.

Established in 2017, VinFast experienced rapid growth, placing significant emphasis on design protection from its inception, featuring 175 registered designs spanning electric cars, motorcycles, and bicycles. Recognizing the paramount importance of design in their industry, VinFast understood the need to safeguard their creations.

This strategy not only protects their investments but also helps in crafting a brand identity from the ground up, establishing a formidable competitive edge in the market while protecting them against third-party infringements.

VinFast's commitment to design protection is evident in its proactive approach to intellectual property rights. By securing design patents for their electric vehicles, they ensure that their innovative designs are legally protected, preventing unauthorized replication by competitors.

In the highly competitive automotive industry, where distinctive design elements can be a key differentiator, VinFast's focus on design protection has proven to be a strategic advantage. It not only contributes to the company's overall growth but also showcases the importance of intellectual property strategies for companies looking to make a mark on the global stage.

The company serves as a compelling example of how integrating design protection into a business strategy can lead to remarkable success.

Case Study: Crocs

On the other hand, some companies did not adequately protect their designs and suffered the consequences. A case point is Crocs, the manufacturer of the popular foam clog shoes.

Their design featured distinctive ventilation holes and was made from a resin foam called Croslite. The shoes gained popularity for their comfort and practicality, becoming a fashion trend in the mid-2000s. However, the company was not comprehensive in protecting the overall design of the clog, including the shape of the shoe and the iconic ventilation holes.

Soon, competitors, both domestic and international, began producing shoes that closely resembled Crocs in design. These knockoff products were often sold at lower prices, posing a significant threat to Crocs’s market share.

The market became saturated with imitation products, making it difficult for Crocs to differentiate themselves from the competition and maintain the premium pricing they once enjoyed. Crocs not only incurred a loss in market share and revenue, but also struggled to maintain their unique brand identity and their distinct design. Their story serves as a cautionary tale for companies to proactively secure robust intellectual property protection when they have unique and valuable designs.

How to protect your designs

In most countries, the legal protection of an industrial design typically requires registration, referred to as a "registered design" under industrial design law. Alternatively, in certain jurisdictions, these designs are encompassed by patent law and recognized as "design patents."

Depending on the applicable laws, independently created industrial designs must be either novel or original, or both. The assessment of novelty and originality varies from country to country. In general, an industrial design is considered to be new or novel if it has not previously been disclosed to the public, and it may be considered original if it significantly differs from known designs or combinations of known design features.

If you want to protect your designs in your country or region, you can turn to your local IP office. Depending on the applicable law, you may file an application yourself or you may be required to appoint an agent.

To obtain protection in other countries, an application for the registration of an industrial design must be filed in each country where protection is sought, in accordance with the law of that country and using the services of a local agent. In other words, if protection is sought in countries A and B, an application should be filed with the intellectual property office of country A and another application with the IP office of country B.

In certain regions, it is also possible to obtain protection for industrial designs in groupings of states by filing an application with a regional IP office. For example, this is the case of the European Union Intellectual Property Office (EUIPO), the African Intellectual Property Organization (OAPI), or the Benelux Office for Intellectual Property (BOIP).

What is the Hague System, and what are its advantages?

But protecting an industrial design internationally need not be as complicated. WIPO’s Hague System provides a practical business solution for registering up to 100 designs in a large number of territories – all through one single international application. Currently, the Hague System covers nearly 100 countries, including 9 out of 10 of the world’s top economic markets.

Why is the Hague System an optimal choice for protecting your designs? It’s easy, efficient, and economical. These are what we call the “3 Es”. The Hague System is easy because you can file an international application and renew your international registration online from anywhere and at any time.

The System is also efficient. With one single international application, you can include up to 100 designs. You use one language (English, French, or Spanish) and pay one set of fees in one currency. You can also centrally manage everything about your registration.

Finally, it’s economical. Using the Hague System often saves money by eliminating the requirement for local representation during filing, making it more economical than filing directly. Filing directly with WIPO through the Hague System will also allow you to save on fees usually charged by national and/or regional IP offices.

The Hague System can be used to obtain design protection in any of the countries which are members of the Hague Agreement. The resulting international registration has the effect of a national registration in the territories you selected.

Outro

Thank you for listening to “Design Talks”, a production of the World Intellectual Property Organization, brought to you with the support of the Funds in Trust Japan Industrial Property Global. Tune in next time as we delve deeper into the world of design through first-hand testimonials from innovative designers and experts.

In the meantime, you can also visit the WIPO website for information.

Until next time, and for now I leave you with this beautiful sentence by Albert Einstein “Creativity is contagious, pass it on.”