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Protecting the appearance of your creations: understanding designs and models

By Yasmine EDDAM4 April 2025

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The unique appearance of your products, whether it's their innovative shape, original motif or distinctive packaging, is often a major competitive advantage. In a saturated market, design catches the eye, seduces consumers and can even become your brand's signature. But do you know how to legally protect this valuable asset against copying? French law offers a specific tool for this: design law.

Often misunderstood or confused with other forms of intellectual property such as patents or copyright, design law is specifically designed to protect the outward appearance of creations. Understanding how it works, its conditions and how it relates to copyright is an essential first step for any company wishing to defend its visual identity and its creative investments. The aim of this article is to clarify what a design is in the legal sense, how it differs from copyright and why considering registration may be an appropriate step for your business.

What is a protectable design?

The French Intellectual Property Code (CPI) defines what can be protected. It is not an abstract design idea, but the concrete embodiment of that idea in a product.

The visual appearance of a product

At the heart of protection is the "appearance of a product, or part of a product". This appearance is defined by a set of visual characteristics. Article L. 511-1 of the IPC mentions in particular "its lines, contours, colours, shape, texture or materials".. This list is not exhaustive; any element that contributes to the external appearance of an object can be relevant. This may be the intrinsic characteristics of the product itself (the shape of a bottle, the curves of an armchair) or its ornamentation (the pattern of a fabric, the graphics on a pack).

It is important to note that the appearance does not have to be particularly 'artistic' or 'aesthetic' in the traditional sense to be protectable. Design law is concerned with the visual appearance as such, whether it is sleek industrial design, traditional craftsmanship or complex ornamentation. The aim is to protect the creative effort invested in the appearance, irrespective of value judgements about its artistic merit.

Products concerned

The scope of application is broad and potentially covers "any industrial or craft objectas specified in article L. 511-1 of the CPI. This includes a wide variety of creations:

Furniture and fittings : Chairs, tables, lamps, sofas...
Fashion and accessories : Clothes, shoes, handbags, jewellery, watches...
Household items : Crockery, kitchen utensils, household appliances...
Packaging and presentation : Bottles, cans, flasks, labels, displays...
Graphic elements : Logos (taken as graphic elements applied to products), user interface icons, typefaces, etc.
Toys, sports equipment, tools...
Even spare parts can be protected for their appearance, if they are visible during normal use of the complex product of which they are a part.

This diversity shows that many companies, whatever their sector, are potentially affected by design protection.

What cannot generally be protected in this way

It is just as important to understand what is not covered by this specific protection:

General ideas or concepts : The law does not protect the idea of a stackable chair, but rather its specific appearance a stacking chair. A style (e.g. "Scandinavian style") or genre cannot be protected as such.
Purely functional characteristics : If a product's appearance is exclusively dictated by its technical function, with no creative freedom for the designer, it cannot be protected as a design. It may fall under patent law if it constitutes a technical invention. To find out more about the validity criteria and other exclusions, see our detailed article on the key conditions for obtaining design protection in France.
Computer programmes (software) : The source or object code of software is protected by copyright. The visual appearance generated by the software (graphical interfaces, icons) may, however, be covered by designs and models if it meets the conditions. However, Article L. 511-1 explicitly excludes "computer programs" from the definition of a product.

Design or copyright: should you choose?

A frequent question concerns the difference and relationship between design law and copyright. These two regimes can often apply to the same creation, but they operate differently.

Copyright: automatic protection for "original" creations

Copyright protects "works of the mind", provided they are original. Originality, in copyright law, is traditionally defined as the imprint of the author's personality, the reflection of his or her free and creative choices. This protection arises automatically from the mere fact of creation, with no filing formalities required. Copyright covers a wide range of works, including explicitly, according to article L. 112-2 of the CPI, "works of applied art. A lamp with a unique design, an inventive textile motif, or a piece of jewellery with a distinctive shape can therefore be protected by copyright from the moment they are created, if their originality is recognised.

Designs: protection subject to registration

Design rights do not arise automatically. It is acquired by registration with an industrial property office (the INPI in France). To be registered and benefit from this specific protection, the design or model must meet specific criteria, which are distinct from copyright originality: it must be new and present a individual character. These conditions, which we will detail in a later article, are assessed more objectively than originality. Novelty means that nothing identical has been disclosed before, while distinctiveness requires the creation to produce an overall visual impression that is different from anything that already existed.

Cumulative protection: a specific French and European feature

The good news is that there is generally no need to choose. In France, as in the European Union, the principle of "the unity of art prevails. This means that the same creation can benefit simultaneously from both protection regimes, if it meets the conditions of each. Article L. 513-2 of the IPC confirms this: registered design protection applies to "without prejudice to the rights resulting from the application of other legislative provisions, in particular [copyright]"..

In concrete terms, a lamp with an original design that is also new and has its own character can be protected:

Through copyright : automatically as soon as it is created, for a very long period (life of the author + 70 years after his death).
Design rights : if filed and registered, for a maximum of 25 years.

This combination is interesting. Copyright offers long-term protection without any formalities, but proving it can be more complex (proving originality, date of creation). The registration of a design or model, although of shorter duration and requiring an active (and paying) approach, provides official proof of the existence of the right and its date, which makes it much easier to defend against counterfeiters.

Why consider registering a design?

Even if your creation is potentially already protected by copyright, registering it as a design offers a number of significant strategic advantages for a company.

Official proof of your rights

Registration with the INPI confers a certain date to your creation. In the event of a dispute, you won't have to prove when you created the design; the date of registration is proof. What's more, the law attaches a presumption of ownership (CPI, art. L. 511-9): in the absence of proof to the contrary, the person or company that filed the application is considered to be the legitimate owner of the rights. This considerably simplifies the process of proving your rights against a copier. Imagine having to find dated sketches or testimonials to prove the anteriority of your creation under copyright against a competitor who has a registration certificate...

A strong signal against copying

A design registered and published in the Bulletin Officiel de la Propriété Industrielle (BOPI) sends a clear message to the market: that appearance is protected. To understand the exact scope of this operating monopoly and the duration of protection, see our article on your rights once your design has been registered. Competitors are thus warned and can consult the registers to check the existence of rights before launching a similar product. This publicity has a definite deterrent effect. What's more, in the event of proven infringement, taking action on the basis of a registered title is often more direct and quicker than on the basis of copyright alone, where discussions about originality can be lengthy. Registration strengthens your negotiating position and your ability to stop copying quickly. To find out about the legal actions available and the remedies in the event of infringement of your rights, consult our guide on defending your designs.

An intangible asset for your company

In addition to defence, a registered design is a intangible asset which has its own economic value. It can be entered on the company's balance sheet. Above all, it can be used commercially:

You can also sell (transfer of ownership).
You may authorise third parties to use it in return for payment (licence operating costs).
It can be brought in companyor as a guarantee.

Registration gives your creation a tangible and valuable property right, which is a definite advantage for the development of your business.

To secure your protection and understand all the formalities, read our detailed guide on the procedure and essential steps for registering a design.

Effectively protecting the design of your products requires a tailored strategy. To determine whether registering a design is the best approach for you, or to benefit from comprehensive legal assistance in protecting your assets and managing your commercial disputes, contact our firm for an analysis of your situation.