In the Benelux and the EU, the registered design enjoys a renewed interest due to different trends in other areas of Intellectual Property. Due to the broad interpretation of the exclusion grounds in the Luidspreker and Hauck/Stokke judgments and the extension to characteristics exclusion via the trademark package, trademark law seems less useful for the protection of certain non-traditional trademarks. Furthermore, in the ‘Cofemel’ judgment, the European Court confirms copyright protection for industrial designs, but states that cumulation with design protection is only possible in exceptional cases. This may result in a less effective copyright protection for industrial designs in the Netherlands.

As a result, the registered design may become more relevant for the protection of products and brands.

As effective protection of a registered design wholly depends on the selection of the correct reproductions for design registration this is the central theme of this presentation together with the requirements for disclosure under the Hague Agreement.