How to avoid infringing existing third-party designs or get an overview about existing and protected designs?
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In contrast to patents, focusing on the technical functionality of products, industrial designs protect the visual appearance of a product, including its design, geometrical form, graphical elements, and other features.
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To avoid infringing already existing IP protection and to clarify your opportunity to register your own industrial design, a check of such a design is recommended.
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Executing an Internet search using a drawing or picture of the intended design will provide you with a first understanding of whether a similar design is already used and known to the general public; however, this does not tell you if such a design is already protected or not.
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Numerous options are available for picture searches on the Internet, including:
- TinEye (© 2023 TinEye), a dedicated reverse image search engine.
- Google Images (© Google), a search engine for images
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Executing an IP database search helps indicate a design's potential protection, including:
- DESIGNview (© EUIPO), allowing graphical searches.
- eSearch plus (© EUIPO), allowing graphical searches.
- Global Design Database (© WIPO), allowing descriptive searches.
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Only first clarifications are typically possible without professional advice.
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Conclusions based on your own limited understanding may only result in malinvestments or legal conflicts.
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Seek support from an IP professional experienced with industrial designs.
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Case law and local practice are important and will be provided by an IP professional.