What I have noticed in practice is that designers often assume that if a product is protected by copyright, there is no need to invest additionally in industrial design protection. More generally, there is often a lack of understanding of the distinction between these two forms of legal protection.

Using a specific product as an example, I would explain how copyright and industrial design rights are distinct yet complementary forms of protection. Although they overlap in certain respects, each has its own requirements, advantages and limitations.

I would place particular emphasis on the commercial reasons why registering an industrial design can be highly beneficial, especially when significant investment is planned in product development, manufacturing, marketing, the transfer or licensing of rights, or expansion into new markets.

I would also explain how industrial design rights can provide greater legal certainty and make it easier to establish and enforce rights in cases of copying or litigation, drawing on several court cases I have handled in my own practice.