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 2025

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

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

Reckitt Benckiser is to divest its Essential Home business, which includes more than 70 brands, to private equity firm Advent International
Litigator Neel Chatterjee, who has joined the firm as a co-leader of the IP team, reveals tech ambitions and expansion plans
A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Gift this article