Podcast – Design protection is underrated: why design rights should be an integral part of your portfolio

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

Podcast – Design protection is underrated: why design rights should be an integral part of your portfolio

Sponsored by

Zacco_360 IP_RGB.jpg
900x505-article@2x.png

Design rights are set to play an increasingly important role in strengthening global intellectual property strategies, say Tomas Wässingbo of Zacco and Christina Wainikka of the Confederation of Swedish Enterprise

Design rights are a powerful – but often overlooked – component of a well-rounded intellectual property portfolio. In an exclusive Managing IP podcast, Tomas Wässingbo, group designs director at the international full-service intellectual property firm Zacco, and Christina Wainikka, intellectual property policy expert at the Confederation of Swedish Enterprise, explain why companies should be paying closer attention to this form of protection. The need is heightened in light of the new EU Design Regulation and Directive, with several provisions having entered into force on May 1 2025.

The key themes discussed

The podcast explores the following areas, among others:

  • The main differences between design, patent, and trademark rights;

  • Debunking the myth that design rights are only applicable to certain industries;

  • The primary attributes of design rights, including strong protection, swift registration, and clear ownership;

  • Wide-ranging case law, from Vespa mopeds to rye bread; and

  • How to use design rights to help to future-proof your intellectual property portfolio.

Design rights: emerging from the shadows?

Despite their strength and versatility, design rights remain underused. As Wässingbo notes, “Maybe one can say that design is often in the shadow of patents, utility patents, and trademarks.”

Indeed, according to a January 2025 EUIPO report cited in the podcast, only 1% of SMEs and 10% of large companies in the EU own design rights, even though design right owners have 29.3% higher revenue per employee. A lack of awareness, fragmented responsibility across departments, and misconceptions about design protection have contributed to their underutilisation. “There is a lack of understanding of the benefits of design protection and also sometimes there is an obstacle in how [to] organise IP issues in different companies,” Wainikka says.

But change is afoot. The new EU legislative initiatives introduce several features that could heighten awareness. “[One] thing that is happening in Europe with the new design regime is that we will get this registered design symbol D with the ring around it, like the order for registered trademarks,” Wässingbo says. “That is something that everyone will see and hopefully that will lead to more understanding [that] there is a possibility to protect something with design rights like there is the possibility to protect the trademark.”

The outlook for design rights

Design rights appear poised to assume a bigger role, especially when considering factors such as gaming and mobile apps falling within their scope. Businesses with intellectual property portfolios should stay alert to the opportunities presented. As Wässingbo puts it: “We should all design the future.”

The speakers

Tomas Wässingbo.jpg

Tomas Wässingbo

Group designs director, Zacco

Tomas started his career in intellectual property at the Swedish Patent Office over 20 years ago. Moving in-house to one of the world’s largest consumer electronics and multimedia organisations, he spent a decade responsible for leveraging its international patent value and cross-purpose commercial viability of intellectual property rights.

Joining Zacco in 2015, Tomas is now responsible for the group strategy and the direction of Zacco’s extensive design practice.

Christina+Wainikka.jpg

Christina Wainikka

Intellectual property policy expert, Confederation of Swedish Enterprise

Christina is a leading authority on intellectual property law and policy in Sweden, and a respected author of multiple books on the topics of designs, copyrights, trade secrets, and other forms of protecting innovation. She has previously served as a board member for associations in areas as diverse as law, information security, and anti-counterfeiting.

Christina now advocates on behalf of Swedish businesses on the global stage in her role as policy expert at Svenskt Näringsliv (the Confederation of Swedish Enterprise).

Other Zacco content

Further intellectual property resources are available on Zacco’s homepage on Managing IP, including the following:

more from across site and SHARED ros bottom lb

More from across our site

News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Gift this article