Europe
The European Union provides a short-term unregisterd design protection.
Designs attract automatic protection if they are new, and have individual character. The criterion of new is strictly applied – the design must not have been made available to the public anywhere in the world before the date on which the design was first made available to the public by the proprietor. However, the criterion of individual character is not onerous. An informed user must find the overall impression created by the design to be different from other design available to the public.
Features that are design solely for the product’s technical function or need to fit with other parts are not covered by design right protection.
European design right lasts for three years from the design first being made available to the public by the proprietor.
The protection prevents copying of the design, but not to independent design.
