What cannot benefit from design protection?

 Industrial design rights do not provide protection for:


  • Designs which are not novel or original
  • Designs whose shape is dictated exclusively by the product’s technical function (in which case a patent may offer an alternative solution)
  • Designs which are contrary to public order or decency.
  • Designs which reproduce any part of the coats of arms, emblems or official insignia of the Sovereign House or Public Institutions (except with the express permission of the competent authority).


IMPORTANT: when examining applications, the D.P.I.’s administrative assessment covers only the latter two points above, and under no circumstances the first two.  The D.P.I. is therefore not able to reject an application on the grounds of novelty or originality.