Looking for the wow factor in designs

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Looking for the wow factor in designs

“Good morning trademark people,” began Grégoire Bisson, Director of The Hague Registry, at the Madrid System Users’ Meeting yesterday. “There’s nothing wrong with trademarks, but once you’ve worked in designs there is no going back.”

The WIPO official explained his enthusiasm for the world of design law by outlining how important design has become to IP over the past 50 years. “We used to buy watches by looking for the most reliable watch for our budget,” he said. “Trademarks offered some promise of that reliability. Now though, reliability is assumed and what people look for is design. People want products that have the ‘wow’ factor.”

Design registrations have grown at twice the speed of trademark registrations over the past nine years, Bisson said. Most design owners, however, seek protection in their home country. That’s because there is territoriality of rights, making the application process cumbersome and expensive. The good news for design owners is that the Hague System, administered by WIPO, can make the application process more efficient. The bad news is that it has limited geographical scope, compared with the scope of protection offered to trademarks through the Madrid System.

“But stay tuned,” said Bisson. “The Hague System will grow massively.” South Korea is due to join in July, the United States in October, and Japan, China, the 10 Asean countries and Russia could join in 2015. Canada, Mexico and ARIPO are also considering whether to accede to the Hague Agreement.

Expansion of the System, however, could lead to what Bisson described as “complexification.” One solution is for WIPO member states to agree on a draft Design Law Treaty, designed to simplify registration formalities for industrial designs. At WIPO’s Extraordinary General Assembly last week, member states discussed convening a diplomatic conference on the Treaty. Even if that does not mature into domestic legislation for many years, said Bisson, it will act as a best practice model for IP offices around the world.

Yesterday’s Madrid System Users Meeting also featured presentations from representatives of trademark offices in Tunisia, Mexico, India, OAPI and Hong Kong, while WIPO officials provided an update on changes to the system, and how trademark owners can make better use of it. For more details, see page 5.

To find out more about designs, attend today's session IM20 The Shape of Things to Come: Clearing and Protecting High-Tech Product Configurations​ from 11:45 am to 1:00 pm in Convention Hall A.

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article