Two requirements have to be met to claim design protection of a product through a registered design. The design must be new and have its individual character. A product has individual character if it makes a different overall impression from already existing designs. The freedom of the designer plays a role in this (designs may vary a lot or a little). If that freedom is very limited (for example due to technical requirements), smaller differences will be sufficient for a different general impression. The basic shape for the Porsche 911 dates from 1963. Almost every year Porsche makes slight design modifications, for which design rights are claimed. Is this possible?

Petsbelle designs, produces and markets scratching posts. In order to protect the design of its products, the company applies for European design protection. There are two important requirements for a European design registration. A model must be novel and have its own character. Novelty is often a problem. Many companies first want to test the waters before incurring the costs to claim their rights. In the European Union it is therefore possible to claim design rights up to twelve months after first disclosure. However this grace term is hard.