Protecting Your Product Design in Ireland: Registered Designs Explained
If your business has invested in creating an original product design, protecting its appearance through a registered design can prevent competitors from copying it. This guide explains how registered design protection works in Ireland and the EU.
What Is a Registered Design?
A registered design protects the visual appearance or aesthetic of a product — its shape, lines, colours, texture, or ornamentation. It does not protect how a product works (that requires patent protection) or its name (that requires trademark protection).
Requirements for Registration
To be registrable, a design must be novel (not publicly disclosed before the application date) and have individual character (the overall impression it produces on an informed user must differ from prior designs). Designs dictated solely by technical function cannot be protected.
How to Register in Ireland and the EU
Design protection can be obtained through the Intellectual Property Office of Ireland (IPOI) for national Irish protection, or the European Union Intellectual Property Office (EUIPO) for EU-wide protection covering all 27 member states in a single application.
Duration of Protection
A registered design is initially protected for 5 years from the date of application, renewable for further 5-year periods up to a maximum of 25 years total.
Unregistered Design Rights
An unregistered Community design (UCD) arises automatically on first disclosure within the EU, giving 3 years of protection against direct copying. While free, unregistered protection is weaker and harder to enforce than registered protection.
Frequently Asked Questions
How much does it cost to register a design in Ireland?
An Irish national design registration costs from approximately €70. An EU registered design through EUIPO costs from approximately €350 for a single design, with reductions for multiple designs.
Can a competitor use a similar design if it is not identical?
A registered design protects against designs that produce the same overall impression on an informed user — not just exact copies. A very similar design creating the same overall impression may still infringe.
Do I need a solicitor to register a design?
You can apply directly to IPOI without a solicitor. However, professional advice on searching prior designs and enforcing the right if infringed is recommended for commercially valuable designs.
This article is for informational purposes only. Consult a solicitor for advice on protecting your intellectual property.
