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

To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
Gift this article