In an increasingly competitive and globalized market, the appearance of products plays a strategic role in differentiating companies and brands. Design can be the first factor that attracts consumers and, in many cases, it is decisive in their purchasing decision.
For this reason, legally protecting a product’s design is essential to ensure exclusive rights of use and to prevent unauthorized copying. In Brazil and abroad, this protection is obtained through the registration of industrial designs, a branch of intellectual property that grants the holder exclusive rights over the ornamental form of an object.
What is an industrial design under Brazilian law
According to Law Nº 9.279/1996 (Art. 95), an industrial design is defined as the ornamental plastic form of an object or the ornamental set of lines and colors applied to a product, provided it results in a new visual effect and is capable of industrial application.
In practical terms, it refers to the protection of design, that is, the aesthetic elements of a product, without connection to its technical function. Registration guarantees exclusivity over the product’s visual identity and prevents reproduction or exploitation without the holder’s authorization.
Common examples include:
- Packaging for consumer goods;
- Furniture and decorative items;
- Fashion items such as handbags, shoes, and jewelry;
- Household appliances, electronics, and graphic interfaces (screens and icons);
- Vehicles and automotive parts.
How to register an industrial design in Brazil
In Brazil, the authority responsible for examining and granting industrial design registrations is the National Institute of Industrial Property (INPI). The process is relatively straightforward and faster compared to other types of intellectual property, such as patents.
Requirements for registration
To be registrable, an industrial design must meet the following requirements:
- Novelty: it cannot be identical or substantially similar to something already existing;
- Originality: it must have a distinctive visual appearance of its own;
- Industrial applicability: it must be capable of reproduction on an industrial scale.
Term of protection and Product Family The registration grants 10 years of exclusivity from the filing date, renewable for three successive periods of 5 years, totaling up to 25 years of protection.
A strategic advantage offered by the INPI is the possibility of including, in a single application, up to 20 ornamental variations of the same object. This allows protecting a “family” or complete line of products (such as a collection of lamps with slight design variations) in a more economic and organized manner.
Difference between industrial designs, trademarks, and patents
It is common for companies to confuse industrial design registration with other forms of protection:
- Trademarks: protect distinctive signs that identify products or services in the market, such as names, symbols, and logos;
- Patents: grant exclusivity over inventions or utility models that provide technical solutions to problems;
- Industrial designs: protect exclusively the aesthetic form of a product, without direct relation to its function or technical performance.
Thus, a single product can be protected on several fronts: a trademark for its name, a patent for a technical innovation, an industrial design for its visual appearance, and software for an application’s code.
Technical Tip: In Brazil, registration is granted shortly after a document check. However, if you need to sue a copycat or prove that your design is truly unique worldwide, you can request the Examination on the Merits (Exame de Mérito). In this procedure, the INPI issues an official report confirming the validity of your design, providing much more security and strength to protect your product.
International protection of industrial designs
Companies operating globally need to think beyond national borders. Since August 1, 2023, Brazil operates under the Hague Agreement, facilitating the international protection of industrial designs.
This system allows, with a single application, to request registration in multiple member countries, which reduces costs and bureaucracy, being a strategic solution for companies that export or plan to expand operations.
Why register an industrial design abroad
The main reasons to seek protection outside Brazil include:
- Market expansion: companies that export must ensure their products are not copied in target markets;
- Global competition: piracy and design copying are common in some sectors, especially fashion, electronics, and consumer goods;
- Asset valuation: international protection increases the value of a company and its products, making them more attractive to investors and partners;
- Litigation prevention: registering the design in strategic markets reduces the risk of complex and costly legal disputes.
Implications of not registering
Failing to register an industrial design exposes the company to significant risks:
- Loss of exclusivity: competitors may copy the design without legal restrictions;
- Financial loss: copies reduce competitiveness and compromise investments;
- Legal disputes: in the event of litigation, the absence of registration makes it difficult to prove ownership of the design.
In some sectors, such as consumer goods, copies often appear shortly after a product launch, highlighting the need for preventive protection.
The importance of strategic protection
The protection of industrial designs, both in Brazil and abroad, is a strategic tool for companies wishing to preserve their visual identity, ensure differentiation in the market, and enhance the value of their intangible assets.
Although the process is faster than that of patents, it requires attention to technical and legal details: issues such as the correct characterization of the design, the choice of priority markets for international registration, and deadline management can determine the success or failure of protection.
For this reason, relying on appropriate legal guidance is essential. The team at Ricci Intellectual Property offers full support in industrial designs and global protection strategies, assisting clients in safeguarding their visual innovation and consolidating a competitive presence in Brazil and abroad.
In a world where design is a market differentiator, protecting industrial design is essential to guarantee the future of the business.
