Product design protection & anti-imitation

Design law at a glance

Definition: Design law (Designrecht) protects the appearance of a product or part of a product, such as shape, lines, colours or surface. A registered design must be new and have individual character. Individual character requires that the overall impression on the informed user differs from that of previously disclosed designs (Section 2 Designgesetz, German Designs Act).
Date of review: We recommend filing before publication. For certain own publications and abusive disclosures, a German design benefits from a grace period of twelve months before the filing or priority date (Section 6 Designgesetz). Other rules may apply in other countries.
Legal basis: For German designs, Sections 1 to 6 and 38 Designgesetz apply in particular. EU-wide protection is governed by Regulation (EC) No 6/2002 as amended. Depending on the design, copyright protection may also be considered.
Next step: We review the design, earlier publications and the desired countries of protection. Send us images of the design and the dates of previous presentations or sales.
Costs: The first contact is free of charge. As soon as the scope of the review is clear, we tell you the cost range – before work begins.

Practice area · Design law

Design law for protecting, enforcing and exploiting product design

ITMR Rechtsanwälte advises companies in design law on the protection, defence, chain of title and commercial exploitation of product design, packaging, user interfaces and digital assets.

Design law becomes business-critical as soon as visible design contributes to revenue, recognition and imitation risks. This applies to products and packaging as well as graphical user interfaces, icons, digital assets and other distinctive forms of appearance.

We advise companies, agencies, founders, start-ups, rights holders, platform operators, investors and other professional market participants. The focus is on operational and strategic questions before launch, in the event of conflict and when scaling across markets, platforms and distribution partners.

Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)

Request design law advice Prepare a design application in a structured way

Quick start: what is your matter about?

Application

Register a design

Prepare subject matter, variants, representation and target markets in a structured way before launch.

To design registration

Dispute

Product copy or design attack

Secure evidence, determine the basis of claim and weigh speed and escalation.

To enforcement and defence

Contract

Chain of title and licences

Robustly regulate ownership, rights of use, variants and licensing models.

To licensing and rights clearance

Assessment

Trade mark, copyright or design?

Think of property rights together and pull the right lever first.

To industrial property protection

Your contact: Jean Paul P. Bohne, LL.M., MM

Partner, certified specialist lawyer for copyright and media law and for IT law (Fachanwalt für Urheber- und Medienrecht, Fachanwalt für IT-Recht).

Send design law enquiry

What happens after your enquiry?

After your enquiry, we will get back to you within 24 hours on working days. The first contact is free of charge. We will expressly inform you before any costs arise.

A short description is enough. Describe the design, variants, state of disclosure and target markets. Helpful are images, draft versions, contracts with designers or agencies and, in a conflict, screenshots, listings and letters with deadlines.
Receipt and initial sorting. We assess the enquiry on the basis of the project described, the documents and the apparent goal. Deadlines and dates should be clearly recognisable.
Suitable starting point and cost range. We clarify whether an initial consultation, a service package or a specific mandate is the next step. As soon as the scope of the review is clear, we tell you the cost range – before work begins.

In brief

Design law protects the visible appearance of a product or part of it. Whether a right holds up depends on representation, disclosure, novelty, individual character, chain of title and evidence.

Practice

Typical cases from our design law practice

The following constellations are abstracted and simplified. Which solution holds up always depends on the product, state of disclosure, chain of title, target markets and evidence.

Enforcement

Product copy on a marketplace

Starting point: A competitor offers a product with almost identical shape and packaging on a platform.
Key difficulty: It must be determined whether design law, trade mark law, copyright or competition law applies. Dates of disclosure and draft versions must be provable.
Our work: We secure screenshots, listings and test purchases and weigh up a warning letter, platform measure and urgent proceedings.
Work result: A documented body of evidence and a coordinated first step.

Simplified example.

Chain of rights

Investor demands proof of design rights

Starting point: Before a financing round, an investor asks who legally owns the design of the core products.
Key difficulty: Drafts come from founders, freelance designers and an agency. The transfer of rights is not documented everywhere.
Our work: We review contracts and draft versions and close gaps in ownership and rights of use.
Work result: A robust chain of title for due diligence and further exploitation.

Simplified example.

Work sample

Renderings are in circulation before filing

A company is planning a new product line. Renderings, prototypes and trade fair documents have already been shown to retailers and investors. The real difficulty: it must be clarified which documents create a relevant disclosure and which variants are commercially viable. The grace period does not replace a protection strategy. We organise the state of disclosure and variants, examine novelty and individual character and determine the route to protection and timing. Work result: a prioritised filing strategy for the relevant versions and target markets.

The scenario is anonymised and simplified; it describes how we work, not the outcome of any specific proceedings.

What you will have at the end

Services in design law
Service	Concrete result	Next step
Classifying the primary field	Clarity on whether design law, trade mark law, copyright or competition law is closer	Describe design and objective
Assessing protectability	Assessment of novelty, individual character, disclosure risks and variant strategy	Send images and draft versions
Design application	Strategically prepared application with suitable representations	Name target markets and variants
Enforcement and defence	Action against product copies or defence against unjustified attacks	Submit evidence and letters
Contracts and licences	Ordered chain of title and licensing model	Send existing contracts

Assessment

When design becomes a business risk in legal terms

Design mandates do not always begin with a warning letter or an application. The real risk often arises already in the development, pitch, launch or platform phase.

Typical mandate situations are new product lines, striking packaging, interface design, icons, recognisable form elements, variant families, white-label constellations, co-branding, trade fair appearances, investor decks and product copies in retail or on platforms. In digital business models in particular, design law almost never runs in isolation. It interlocks with IT law, trade mark law, copyright law and competition law.

A product or digital interface is meant to look visibly different from competing offerings, and precisely this design is to be protected against imitation.
A launch is imminent, although images, renderings, prototypes or listings are already in circulation.
A competitor adopts the shape, packaging, interface logic, icons or other distinctive features.
An investor, buyer or distribution partner demands a robust chain of title and a clear path to protection.
A design is to be defended and at the same time used commercially through collaborations, licences or international exploitation.

Important classification: Not every design question belongs on this page first. If the main issue is names, logos or series marks, trade mark law is usually closer. If it is about the quality of a work, image use, content or creative production chains, the focus is often rather on copyright law or image and photo law. Where property rights need to be thought of together, industrial property protection is the broader umbrella perspective.

Subject matter of protection

What design law actually protects

What is protected is the visible appearance of a whole product or part of it. The mere idea remains free. For companies, what counts is therefore the concretely representable result rather than the abstract concept.

The statutory starting point is Section 1 of the Gesetz über den rechtlichen Schutz von Design (DesignG, German Designs Act) (opens in a new tab). Of practical relevance are product shapes, packaging, graphic symbols, typography, icons, patterns, surfaces and, if properly prepared, digital forms of appearance as well.

Typical subject matter of protection

Product design, packaging design, display elements, graphical user interfaces, symbol systems, patterns, parts of complex products and other visually significant designs can form part of a company's commercially relevant design portfolio.

What is regularly not sufficient

Mere style ideas, general trends, mere functional concepts or features dictated solely by technical function do not support design protection on their own. What always remains decisive is the concretely recognisable design.

Practical consequence: The more cleanly the relevant design is described and documented, the more robustly it can later be examined which variant should be protected. It can likewise be clarified which versions should also be filed and where the boundary to technology, trade mark or copyright lies. For digital or particularly brand-driven products, a combination of design application, trade mark strategy and supporting industrial property protection often makes more commercial sense than an isolated approach to protection.

Before launch

What should be clarified before publication

The most expensive design mistakes often occur in the weeks before the first visible appearance and less often in proceedings. Anyone who discloses too early or checks chains of title too late often weakens their later position even before the conflict.

Questions to check before launch

Which specific design really carries commercial value and which variants are merely accessory?
Who designed it and have rights of founders, employees, freelance designers or agencies actually been properly transferred?
Which images, renderings, samples, mock-ups, listings or trade fair documents already create a relevant disclosure?
Should protection be sought first nationally, Europe-wide or in several target markets?
Is a later register strategy sufficient, or is early action before roll-out, distribution or investor talks considerably more advisable?

Risk note: The statutory grace period helps in certain constellations but does not replace a clean protection strategy. Especially with several markets, several variants, early press work, open pitches or platform distribution, it is usually wiser to set up protection and disclosure in an orderly sequence. Relying on later rescue is risky.

Routes to protection

Germany, Europe and international routes to protection

The right route to protection depends on the market, distribution, product life cycle and logic of evidence. Textbook neatness alone decides little. For some products Germany is sufficient; for others, Europe-wide or international protection is commercially necessary even before launch.

Germany

For the German market, the registered design at the Deutsches Patent- und Markenamt (DPMA, German Patent and Trade Mark Office) (opens in a new tab) is the obvious register solution. This often fits for early tests, narrower distribution or where later expansion into other territories is still open.

European Union design

Anyone distributing across borders early, trading on platforms or targeting several countries at once should consider the EU-wide design. The competent authority is the European Union Intellectual Property Office (EUIPO) (opens in a new tab).

International

For broader foreign strategies, international registration via the Hague System of the World Intellectual Property Organization (WIPO) (opens in a new tab) may be considered. This is not a worldwide right. It is a system for bundling selected target territories.

Unregistered European Union design

In fast-moving industries, protection without registration can also be commercially relevant. For strategically central products, however, this solution is often more evidence-intensive and therefore rarely the most convenient sole strategy.

Requirements

Novelty, individual character and scope of protection

Design protection does not arise merely because something looks new. A right only becomes viable when representation, disclosure, novelty, individual character and later evidence fit together.

Novelty: No identical design, or one differing only in immaterial details, may have been disclosed before the filing date.
Individual character: The overall impression on the informed user must differ from already known designs.
Representation: The images define the subject matter of protection and later often also the subject matter of the dispute.
Variant logic: Anyone working with several versions should not tacitly assume that a single application covers every later product family.

Important note: The registered design is not a fully substantively examined seal of quality. In the registration procedure, the Deutsches Patent- und Markenamt (German Patent and Trade Mark Office) (opens in a new tab) specifically does not examine whether novelty and individual character actually exist. That is precisely why preliminary review, documentation and a realistic risk analysis are so important for companies.

Client-oriented questions to check

Is the commercially relevant version really the one that is to be protected?
Are there older designs that come dangerously close to the later scope of protection?
Is the designer's freedom in the industry high, or is the existing design corpus already so dense that even small differences become decisive?
Is a single design right sufficient, or are trade mark law, competition law or contractual protection via licensing and rights clearance also needed?

Digital design

Digital design and user interfaces

Design law has long since ceased to end with the physical object. For many companies, the real commercial value today lies in user interfaces, icons, dashboard logic, animations, virtual objects or consistent digital product worlds.

Relevant are, among other things, graphical user interfaces, app layouts, display elements, symbol systems, animated designs, wearable interfaces, virtual items and other visible digital forms of appearance. This is exactly where close interfaces arise with IT law, artificial intelligence, data law and metaverse law.

When design law is strong here

When the visual interface itself carries product value, creates recognition or is immediately commercially noticeable when imitated, design law is often the right lever.

When another practice area is closer

When the core question lies rather in data access, platform operation, contract structure, code, training of systems or governance, IT law, data law, compliance or AI law are often the more appropriate primary field.

Practically relevant consequence: Digital design should be thought of aesthetically and at the same time in an evidence-proof way. Anyone wanting to protect interfaces, icon sets or animated sequences needs clear documentation of the relevant versions and dates of disclosure. Equally important is the chain of title between product, agency, founders and service providers.

Distinctions

Distinction from trade mark, copyright and competition law

Most commercially important design mandates fail because of incorrect allocation and rarely because of too little law. Anyone pulling the wrong lever first often loses time, reach and negotiating power.

Trademark law

When names, logos, series marks or indications of origin are in the foreground, trade mark law is usually the first axis. For the actual registration, registering a trade mark is often the more appropriate page.

Copyright law

When the quality of a work, creative content, campaign motifs, image rights or creative production chains are at the centre, copyright law or additionally image and photo law is regularly closer to the actual problem.

Competition law

In the case of product copies, deception as to origin, exploitation of reputation or obstruction, competition law can apply additionally or alternatively. This is particularly important when register protection has gaps or market communication runs together with the conflict.

Vertical and adjacent special fields

In fashion and lifestyle markets, fashion law is often the closer deep dive. For advertising claims and campaigns, advertising law, marketing law and, depending on the product, product advertising and claims also apply.

Strategically correct order: Companies should not think of design law in isolation. A position often only becomes commercially robust when the property right, chain of title, communication approval and conflict strategy fit together. That is precisely why the interface to industrial property protection and licensing is deliberately strong on this page.

Enforcement

Enforcement and defence

In the case of product copies or design attacks, the first reaction often decides costs, reach and business damage. Anyone signing hastily or failing to secure evidence regularly worsens their own starting position considerably.

Secure evidence

Screenshots, listings, test purchases, dates of disclosure, draft versions, contracts and register documents must be organised immediately.

Correctly determine the basis of claim

Design law, trade mark law, copyright law and competition law do not automatically overlap.

Weigh speed and escalation

A warning letter, platform measure, preliminary injunction, settlement or invalidity action each have different commercial effects.

Take the defence seriously

Even against excessive design attacks, a robust counter-strategy is needed based on lack of novelty, lack of individual character, earlier disclosure or unclear entitlement.

Practical note: In the platform and distribution context, the dispute is rarely purely legal. Shop, marketplace, social media delivery, retailer communication and campaign material often have to be managed in parallel. Depending on the case, e-commerce, social media law and litigation and litigation PR are therefore also directly relevant.

In brief

In the case of product copies, securing evidence comes first. Then the decisive basis of claim is determined, and only then is a decision made on a warning letter, platform measure or urgent proceedings.

Contracts

Contracts, chains of title and licensing

A good registered right is of little use if it remains unclear who actually owns the design, who may use it and who can take action against infringements. With agencies, freelancers, in-house teams and collaborations in particular, this is often where the greater commercial risk lies.

What contracts should regularly clarify

Ownership, rights of use, territory, term, exclusivity, variants, further developments, adaptations, enforcement powers, indemnities and remuneration should be regulated in line with the specific business model. Abstract clauses are rarely sufficient.

Where the most important interfaces lie

Particularly often, licensing and rights clearance, image and photo law, media law, marketing law and, in vertical markets, fashion law interlock here.

Design work by founders, employees and freelance designers must be legally allocated. The fact that it was actually performed is not sufficient.
Agency contracts should clearly distinguish between draft, variants, approval, adaptation and later use.
Licensing models must reflect territories, sublicensing, product categories, platform distribution and obligations to respond in the event of conflict.
In due diligence, investor and exit situations, a robust chain of title counts for more than the presentation.

How we specifically support you in design law

In design law, clients rarely need just an application. It is often about the right order of protection, disclosure, contract, defence and commercial use.

Classification of whether design law really is the primary field or whether trade mark law, copyright law or competition law are closer
Assessment of novelty, individual character, disclosure risks and variant strategy
Strategic preparation and support of the design application
Enforcement against product copies and defence against unjustified attacks
Contract drafting, chains of title and licensing models via licensing and rights clearance
Interface advice for digital products, platform distribution and international roll-outs via IT law, e-commerce, AI law and metaverse law

Practical deep dives: For more on specific conflict situations, see among others LG Düsseldorf confirms Europe-wide sales ban for counterfeits of a hyaluron pen, Copyright: Birkenstocks are not art and Louboutin's red sole goes to the European Court of Justice.

Glossary

Key terms in design law

Design: Visible appearance of a whole product or part of it.
Novelty: No identical design, or one differing only in immaterial details, may have been disclosed before the filing date.
Individual character: The overall impression on the informed user differs from already known designs.
Disclosure: Making a design available, for example through images, renderings, listings or trade fair documents.
Grace period: Statutory period which, in certain constellations, renders one's own earlier disclosure harmless. It does not replace a protection strategy.
Registered design: Registered right, for example at the DPMA. Novelty and individual character are not examined in the registration procedure.
Unregistered European Union design: Protection without registration, which can be relevant in fast-moving industries but is more evidence-intensive.
Chain of rights: Provable allocation of ownership and rights of use from the designer to the exploiting company.

These terms explain the language used on this page. What matters is always the specific individual case.

Provisions

Provisions and reliable external sources

The following references are cited on this page and help with classification and protection strategy.

Provisions and sources on design law
Provision	Content	Practical significance
Section 1 DesignG (opens in a new tab)	Definitions	Statutory starting point for the question of what can be protected as a design.
Deutsches Patent- und Markenamt (DPMA, German Patent and Trade Mark Office) (opens in a new tab)	Registered design in Germany	Obvious register solution for the German market.
European Union Intellectual Property Office (EUIPO) (opens in a new tab)	European Union design	EU-wide protection for cross-border distribution.
Hague System of the World Intellectual Property Organization (WIPO) (opens in a new tab)	International registration	Bundling of selected target territories.

FAQ

Frequently asked questions on design law

The following answers provide a robust initial framework. For a legally sound assessment in the individual case, the product, state of disclosure, chain of title, target markets and evidence remain decisive.

What specifically does design law protect for a company?

Design law protects the visible appearance of a whole product or part of it. Relevant for companies are above all product shapes, packaging, graphical user interfaces, icons, surfaces and other distinctive design elements. By contrast, the mere idea or a purely technical function is not protected. ITMR Rechtsanwälte classifies the subject matter of protection.

Is an unregistered European Union design sufficient for a product launch?

It can be important in fast-moving industries but is rarely the most convenient solution for a strategically important launch. Later enforcement is usually more evidence-intensive because the date of disclosure, first publication and imitation must be properly demonstrated. Anyone wanting to scale in a plannable way is often on more stable ground with registered protection examined early. ITMR Rechtsanwälte advises on the protection strategy.

When does publication before filing become dangerous?

It becomes dangerous whenever it takes place before the protection strategy and later burdens novelty or evidence. Design law does provide a statutory grace period. But this is no carte blanche for early trade fairs, pitches or open platform listings. The more public and international the roll-out, the more important coordinated timing is. ITMR Rechtsanwälte coordinates timing and filing.

How does design law differ from copyright?

Design law protects visible design according to criteria such as novelty and individual character. Copyright protects works only if the required personal intellectual creation is achieved. Both can complement each other in individual cases. However, not every strong product design automatically achieves copyright protection. ITMR Rechtsanwälte examines both routes to protection.

Can user interfaces, icons or animated digital designs be protected?

Yes. Graphical user interfaces, icons, display elements, animated sequences and virtual designs in particular should be expressly considered today. Whether protection holds up in the specific case still depends on representation, delimitability, disclosure and the overall impression of the design. ITMR Rechtsanwälte advises on digital designs.

What should happen first after a suspected design infringement?

First, evidence should be secured, one's own chain of disclosure and title organised and the actual infringement in the market properly documented. Then it must be clarified which basis of claim really holds up and whether a warning letter, platform measure, urgent proceedings or a defensive reaction makes commercial sense. Ill-considered statements or rash moves tend to worsen the position. ITMR Rechtsanwälte carries out this review.

Next step

Advice at ITMR

When design carries commercial value, the legal order of steps should not be left to chance. Protection and contract decisions structured cleanly at an early stage are regularly cheaper than later repair in a conflict. Design law: protecting, enforcing and exploiting product design with ITMR.

Discuss design law now To design registration at ITMR Check chain of title

Responsible lawyers at ITMR

Jean Paul P. Bohne, LL.M., MM is Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law) and Fachanwalt für IT-Recht (certified specialist lawyer for IT law). He is the obvious choice when design law comes together with brand management, enforcement, media aspects, platform context or digitally shaped business models. Emma-Marie Kürsch is the obvious choice when industrial property protection, trade mark law, copyright, chains of title and design-related protection strategies coincide in operational mandates.

Note on the legal status

Legal status: 23 October 2026. This overview provides initial orientation and does not replace a review of the specific case.

Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)