The international system for Design protection, transactions and enforcement differs more from country to country than other branches of intellectual property. Some countries do not recognize designs as separate and distinct from other forms, like trademarks or copyrights, whereas classify designs independently.
Like other branches of intellectual property, design protection typically involves the prosecution of an application followed by maintenance. The process, however, varies greatly according to country; some countries allow only three-dimensional designs to be registered -- and then only as patents, trademarks or copyrights -- while others allow two-dimensional designs along with "trade dress" (the packaging of the object) to be registered as designs.
In recent years there has been a significant increase in the demand for design transactions as the pace of international mergers and business ventures has quickened. Usually these transactions involve the transfer of registered design rights (assignments) or permitting specified users to utilize and reproduce registered designs (licensing).
Design enforcement is more difficult than the enforcement of other types of intellectual property enforcement. Infringers have had some success in challenging the validity of design claims; however, at Hilborne we use all possible means to achieve success in infringement cases.