In modern business, the appearance of a product often carries as much weight as its functionality. Aesthetic appeal can be a decisive factor when customers choose a particular item, making the external shape and design key elements of market success. This is precisely why there is a growing need for industrial design protection—a legal mechanism that enables manufacturers, designers, and entrepreneurs to preserve their creative ideas and prevent unauthorized copying or use of products with a similar appearance.
Protection refers to the external appearance and shape of goods, including lines and contours, colors, textures, and decorative elements. Since design represents not only the visual identity of a product but also an important competitive advantage, registering the design becomes a crucial step in preserving value and ensuring security on the market.
What is industrial design?
Industrial design is a legal category that protects the external appearance of a product or one of its parts. It refers to visual characteristics derived from lines, shapes, colors, surface structures, decorations, or a combination of these elements.
Unlike a patent, which protects a technical solution to a problem, or a trademark, which relates to the branding of a product or service, industrial design focuses exclusively on aesthetics — what the buyer sees and what attracts them.
This form of protection covers both two-dimensional and three-dimensional elements:
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Two-dimensional design may include motifs, graphic symbols, or patterns applied to the surface of a product.
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Three-dimensional design refers to the shape, lines, and proportions of an object in space.
It is often the combination of these elements that gives a product its recognizability and distinguishes it from competitors in the marketplace.
What can and cannot be protected by industrial design
Industrial design protects only the aesthetic characteristics of a product, i.e. its external appearance.
This means that protection can apply to:
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the shape of the object,
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lines and proportions,
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colors and textures,
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decorative elements that give the product a unique visual identity.
Examples include a distinctive packaging shape, furniture design, textile patterns, or the form of a technical device.
However, it is important to emphasize that functional aspects of a product are not covered by industrial design protection.
If a particular shape or solution is dictated solely by its technical function, it cannot be registered as industrial design.
For example:
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Technical machine parts or structural solutions whose form results from their functionality cannot be protected through industrial design.
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Designs that are contrary to public order or morality are also not eligible for protection.
Conditions for industrial design protection
For a design to enjoy legal protection, it must meet two key criteria:
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Novelty
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Individual character
Novelty means that an identical design has not previously been made available to the public anywhere in the world before the filing date or the priority date.
This includes not having been published, exhibited, used in commerce, or otherwise disclosed.
Individual character exists when the overall visual impression a design produces on the informed user differs from the impression produced by previously known designs.
In other words, it is not enough for a design to be new—it must also appear original and distinctive compared to existing solutions.
In practice, this means that manufacturers and designers must carefully assess whether their product truly brings a recognizable aesthetic contribution, as only then can they rely on successful registration and full legal protection.
Procedure for industrial design registration in Serbia
The registration of industrial design in Serbia is conducted before the Intellectual Property Office and represents a crucial step in securing legal protection.
The procedure begins with submitting an application, which must include:
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a request for registration,
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information about the applicant,
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a visual representation of the design, and
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a list of products to which the design applies, classified according to the international classification system.
The application must be accompanied by documentation that visually and precisely presents the shape or appearance of the product—typically through photographs or drawings.
The Office then examines whether the formal requirements have been met and whether the design fulfills the criteria of novelty and individual character.
If the application is approved, the design is entered into the Register of Industrial Designs, granting the holder the exclusive right to use and protect the product against unauthorized copying or imitation.
From the moment of registration, the owner gains legal certainty and the ability to defend their rights before the courts or other competent authorities.
Duration of industrial design protection
The right to industrial design protection is acquired upon entry into the Register of Industrial Designs, and protection lasts five years from the date of filing the application.
This right can be renewed multiple times. Specifically, protection can be extended four more times, each time for an additional five-year period, so the maximum duration is 25 years.
This system allows manufacturers and designers to protect the appearance of their products in the long term and secure a competitive advantage in the market.
At the same time, the law sets a time limit—after the protection period expires, the design enters the public domain and can be used freely by anyone.
International protection of industrial design
Industrial design protection is recognized only within the territory of the country where the registration has been made. This means that a design registered in Serbia provides legal protection only on the domestic market.
However, companies and designers who wish to market their products abroad have the option to seek international protection.
The most important mechanism for this is the Hague System for the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO).
By submitting a single application, protection can be obtained in multiple member states, which simplifies the process and significantly reduces costs.
In addition to the Hague System, it is also possible to register industrial designs at the European Union level through the European Union Intellectual Property Office (EUIPO).
By registering a Community Design, the applicant obtains rights covering the entire EU territory, which is particularly useful for companies that operate or plan to expand to the European market.
Rights and obligations of industrial design holders
The holder of a registered industrial design acquires exclusive rights to use the product that is protected.
This means they alone have the right to produce, offer, market, or import products containing the protected design.
In practice, this enables the owner to prevent competitors from using identical or confusingly similar designs without permission.
In addition to property rights, the design holder also enjoys moral rights, such as the right to be recognized as the author.
The owner may also grant licenses to third parties, thereby generating additional revenue through legally regulated use of their design.
On the other hand, there are obligations as well.
The design holder must ensure timely renewal of registration every five years and must actively protect their rights, since courts and authorities do not act ex officio but only upon the owner’s initiative.
Infringement of Industrial Design and Legal Protection
Industrial design infringement occurs when a third party uses the protected appearance of a product or part of it without authorization.
This can include manufacturing, selling, importing, or advertising products that contain an identical or similar design, creating confusion in the marketplace.
In such cases, the rights holder can seek legal protection to stop further misuse of their design.
Legal remedies include:
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filing a lawsuit before the competent court,
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claiming damages, and
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requesting provisional measures to ban further production or sale of the infringing products.
The court may also order the withdrawal or destruction of infringing products.
Effective protection requires swift action by the owner, since delays can lead to significant financial losses and damage to brand value.
Therefore, it is extremely important for companies and designers to regularly monitor the market and act immediately upon discovering any infringement.
Why hire a lawyer for industrial design
The process of registering and protecting industrial design may seem straightforward at first glance, but in practice, it often involves a series of legal and administrative challenges.
A lawyer specialized in intellectual property law provides invaluable support both during the application phase and later in representing the rights holder’s interests.
Professional legal assistance includes:
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advising on whether the design meets the legal requirements for protection,
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preparing the necessary documentation,
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communicating with the Intellectual Property Office, and
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representing the client in infringement proceedings before the courts.
In addition, a lawyer can assist in license negotiations and design usage agreements, ensuring that the owner achieves the maximum economic benefit from their creative work.
For companies and designers, engaging a legal expert means security, efficiency, and long-term preservation of competitive advantage in the market.
Conclusion
Industrial design protection plays a crucial role in modern business, enabling companies and designers to preserve the unique visual identity of their products and secure a competitive edge.
A registered design is not only a legal safeguard but also a valuable business asset that can contribute to brand growth and increased market share.
Given that the procedures for registration, renewal, and enforcement of rights can be complex, hiring a qualified legal advisor provides additional security and efficiency.
Legal protection of industrial design is not just a formality — it is an investment in long-term business success and stability.
FAQ – Industrial Design Protection
What is industrial design and how does it differ from a patent and a trademark?
Industrial design protects the external appearance of a product — its aesthetic characteristics such as shape, lines, colors, and decorative elements.
A patent relates to a technical solution to a problem, while a trademark protects a sign that distinguishes the goods or services of one entity from those of others.
How long does industrial design protection last in Serbia?
Protection lasts five years from the date of filing the application, with the possibility of renewal for up to 25 years in five-year intervals.
Is it possible to extend industrial design protection?
Yes. Protection can be extended by submitting a renewal request and paying the prescribed fees.
The total duration of protection cannot exceed 25 years.
What cannot be protected by industrial design?
Elements whose shape results exclusively from the product’s technical function cannot be protected, nor can designs that are contrary to public order or morality.
What is the difference between copyright and industrial design?
Copyright protects original works of authorship (literary, artistic, musical, and others),
while industrial design protects the visual appearance of products.
How is international industrial design protection obtained?
Through the Hague System of WIPO or by registering a Community Design with EUIPO, which ensures protection in multiple countries.
What should be done in case of industrial design infringement?
The rights holder can:
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file a lawsuit before the court,
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claim damages, and
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request provisional measures to stop further infringement, including the withdrawal of infringing products from the market.