Design imitation: What is the law – and how do you protect yourself from copying?

Design imitation and product imitation

Even small details in a design can be enough to create confusion in the market – and open up conflict, litigation or loss of market share. Design imitation occurs in all industries: from iconic furniture classics and clothing, to knitting patterns, digital services and packaging. What often starts as “inspiration” can develop into imitation – and then into law.

In this guide, we take a closer look at how to distinguish between right and wrong, what provides protection, and how to document and secure your rights in practice.

Design imitation – when the look is too similar

A registered design gives exclusive rights to the appearance of a product. This can be the shape, colors, lines or material – all as shown in the images submitted upon registration.

If someone makes a product that looks very similar, it could be design imitation. This is determined by looking at whether an average, informed user would think the products give the same overall impression. It doesn't matter whether the copying was intentional or not - it's enough that the product is objectively too similar.

Product imitation – when the effort behind the product is exploited

Product imitation is not primarily about how something looks, but about exploiting the work of others in an unreasonable way. The Marketing Act applies here.

It may be illegal to copy a product if:

• it happens in a way that benefits from the efforts or ideas of others,
• and it is done in a reprehensible (bad) way,
• and it can create confusion between products in the market.

This rule protects against unfair competition and against "freezing" on the success of others.

When do you need to ask for permission before copying?

It’s fine to take inspiration. It’s not fine to be mistaken for the original. Below are the four most common legal grounds that grant exclusive rights to designs, works, trademarks and trade dress. You must obtain permission if:

• Design protection: the design is registered and your version gives the same overall impression as the registered design.

• Copyright: the work is original and the result of individual, creative effort (meets the “threshold of originality”) – and you want to use it beyond the exceptions in the Copyright Act (for example, the quotation right). Registration is not required.

• Marketing Act § 30: the copy exploits someone else’s effort, creates a risk of confusion, and the exploitation is unfair. This protection also applies to products without a registered right.

• Trademark protection: the trademark is registered or has become established through use as a business identifier, and your use may cause confusion about commercial origin. The mark can consist of words, images, sounds, shapes, and more.

What legislation protects your design?

The Design Act gives you an exclusive right to the product’s visual appearance once the design is registered. Protection is granted for five-year periods and can be renewed up to a total of 25 years. You may test the design on the market for up to 12 months before filing your application (the novelty grace period), but during that time you have no formal design protection. Any type of product can be registered, from physical items such as furniture, jewellery and packaging to graphical representations like user interfaces and logos.

The Copyright Act automatically protects original expressions – without the need for registration – as long as the design has a personal and creative touch. It is often used in art, textiles and illustration.

The Marketing Act §30 also applies to unregistered designs, and prohibits imitation that creates confusion and exploits the efforts of others. It is particularly relevant for profile, packaging and marketing expressions.

Trademark law protects characteristics that identify your business – such as logos, shapes and colors. The protection requires registration or establishement through use, and gives the right to refuse the use of similar expressions.

Ethical gray area: Inspiration or imitation?

No one creates in a vacuum. We are inspired by trends, previous works, nature, technology – and each other. Using references is a natural part of the creative process. The problem arises when inspiration becomes so close to imitation that the difference is blurred for the user or customer. Yet there are limits.

Ask yourself these questions:

• Will an outsider be able to confuse your design with another?
• Have you documented the creative process?
• Could you explain how you developed the idea – step by step?
• What would you think if someone did the same thing to your work?

Illegal copying – risks and responses

Illegally copying someone else’s work can expose you to significant costs, while copies of your own work can be met with clear counter-measures. The points below give you an overview.

If you copy:

• You may be required to stop production and sales
• You risk claims for compensation or compensation
• You could be exposed publicly and have your reputation damaged.

If you are copied:

• Document your work and your rights
• Send written notice
• Seek legal assistance
• Consider legal action

How to effectively protect your design

1. Register the design with the Norwegian Industrial Property Office.

• Provides exclusive rights for up to 25 years
• Documenting ownership
• Requires clear illustrations or pictures

2. Document the process

• Use sketches, emails, versions, and moodboards
• Store in cloud services or digital contract platform

3. Consider trademark protection

• For logos, shapes or visual features associated with the business

4. Label your products

• Use © for copyright, company name, ® for registered trademark, Ⓓ for registered design or similar

5. Use agreements

• Always have written contracts when collaborating

Design imitation in practice

The Chinese online giant Shein has been accused several times of copying designs from small, independent creators – including Norwegian ones. Knitwear designer Helene Myhre discovered that Shein had copied one of her patterns and even used her own images in marketing. This is an example of how global players can exploit designs without consent, making it difficult for small players to defend their rights.

AI-generated design – a new form of imitation

Artificial intelligence makes it possible to generate designs in minutes – often based on existing work. This raises new questions:

• Do you have rights if someone uses AI to create something “almost exactly like” yours?
• What if you yourself use AI – and unknowingly imitate someone else?

Currently, the regulations are unclear, but both the Copyright Act and the Design Act may become relevant if AI-generated content imitates protected designs.

How to protect different types of designs - see registered examples

Whether you work with furniture, clothing, graphic design or technical products, it can be worthwhile to register your design. Registration gives you a documented exclusive right to the look – and can make it much easier to stop imitations.

The Design Act applies to many different industries. Here are some examples of registered designs in Norway:

• See registered furniture designs – from chairs and tables to storage solutions

• View registered clothing designs and accessories – including shoes, bags and sportswear

• View registered tools and industrial products – such as machinery, equipment and everyday tools

• See registered designs for jewelry and ornaments – from earrings to trinkets

Whether you create something visual, functional – or both – a design registration can be an important tool for protecting your work.

Summary: Take control of your design

Design counterfeiting and product counterfeiting happen often – but that doesn't mean it's okay. With the right knowledge and measures, you can protect yourself legally, ethically and practically.

Start with registration, be aware of agreements, document your work, and don't hesitate to take action in case of violations.