Design protection is underrated: why design rights should be an integral part of your portfolio

Design rights are a powerful – but often overlooked – component of a well-rounded intellectual property portfolio. In an exclusive Managing IP podcast, Tomas Wässingbo, group designs director at the international full-service intellectual property firm Zacco, and Christina Wainikka, intellectual property policy expert at the Confederation of Swedish Enterprise, explain why companies should be paying closer attention to this form of protection. The need is heightened in light of the new EU Design Regulation and Directive, with several provisions having entered into force on May 1 2025.The key themes discussedThe podcast explores the following areas, among others:The main differences between design, patent, and trademark rights;Debunking the myth that design rights are only applicable to certain industries;The primary attributes of design rights, including strong protection, swift registration, and clear ownership;Wide-ranging case law, from Vespa mopeds to rye bread; andHow to use design rights to help to future-proof your intellectual property portfolio.Design rights: emerging from the shadows?Despite their strength and versatility, design rights remain underused. As Wässingbo notes, “Maybe one can say that design is often in the shadow of patents, utility patents, and trademarks.” Indeed, according to a January 2025 EUIPO report cited in the podcast, only 1% of SMEs and 10% of large companies in the EU own design rights, even though design right owners have 29.3% higher revenue per employee. A lack of awareness, fragmented responsibility across departments, and misconceptions about design protection have contributed to their underutilisation. “There is a lack of understanding of the benefits of design protection and also sometimes there is an obstacle in how [to] organise IP issues in different companies,” Wainikka says.But change is afoot. The new EU legislative initiatives introduce several features that could heighten awareness. “[One] thing that is happening in Europe with the new design regime is that we will get this registered design symbol D with the ring around it, like the order for registered trademarks,” Wässingbo says. “That is something that everyone will see and hopefully that will lead to more understanding [that] there is a possibility to protect something with design rights like there is the possibility to protect the trademark.”The outlook for design rightsDesign rights appear poised to assume a bigger role, especially when considering factors such as gaming and mobile apps falling within their scope. Businesses with intellectual property portfolios should stay alert to the opportunities presented. As Wässingbo puts it: “We should all design the future.”