Design is understood as the outward appearance of a product or part (element) of a product resulting from lines, contours, colours, shape, texture, materials, ornamentation and other design components. Some of these components taken separately may deserve protection as independent objects.
Taste, smell, sound, computer programmes are excluded from design protection. Neither does the design system allow for protection of technical ideas and concepts that underlie functioning of an item – they are protected as inventions under patent system. Sometimes a product may include both, elements of an invention and a design. Such an item may be registered under both systems, though in order not to lose the advantages of either of these systems it is necessary to schedule filing applications in such a way as to observe the principle of novelty.
According to the design law some shapes are also subject to protection under copyright law. Copyright is protected in Lithuania without registration.
Some creations, e.g. product and packing shape, graphic symbols, etc. may also be protected under trademark law. Each of the two regimes of protection has got its advantages and disadvantages against each other. There are differences in the procedure and requirements for registration, periods of protection, etc..
We are ready to advise on the optimal regime and system of protection in each particular case.