At a glance
What’s the difference between design rights and copyright?
- Design rights protect the visual appearance of a product and must be registered.
- Copyright protects creative works like text and images, and arises automatically when the work is original.
- Both can be used to protect different aspects of the same product.
What is design right and how does it protect products and designs?
Design rights provide exclusive protection for the visual appearance of a product or parts of it. This includes everything from furniture and packaging to clothing, graphic elements, jewelry, and more. To obtain design protection in Norway, the design must be registered with the Norwegian Industrial Property Office (NIPO).
- Requires registration: Design rights only apply to registered designs.
- Clear legal protection: Registration offers legal proof of ownership and makes it easier to enforce rights against imitation or unfair competition.
- Duration: A registered design can be protected for up to 25 years (must be renewed every 5 years).
- Ownership: The right belongs to the creator or the person/company to whom the rights have been transferred.
What is copyright and how does it protect creative works?
Copyright protects original literary and artistic works—such as text, illustrations, music, software, and artworks. It arises automatically in Norway when a work meets the threshold of originality, without the need for registration.
- Automatic protection: Copyright arises as soon as the work is created, provided it is sufficiently original.
- No registration needed: You don't have to apply for copyright, but without documentation, it may be harder to prove authorship and the date of creation.
- Duration: Copyright lasts for the author’s lifetime plus 70 years after the end of the year in which they died.
- Ownership: The right belongs to the individual who created the work.
Design rights and copyright protect various aspects of what you create.
Design rights and copyright protect different aspects of the same product or creation. For entrepreneurs and designers, understanding both can help you build a strategic approach to IP protection.
Some works may qualify for both forms of protection - especially if the design is original and has artistic value.
4 practical tips for protecting your product
- Register your design: If appearance is central to your product (e.g. furniture, fashion, packaging), consider filing for design registration with NIPO. It gives you legal protection and makes it easier to enforce your rights.
- Document your work: Even though copyright is automatic, keep records of the creative process. It strengthens your position in case of disputes.
- Use both rights if possible: Even though copyright is automatic, keep records of the creative process. It strengthens your position in case of disputes.
- Undersand the scope of each right: Even though copyright is automatic, keep records of the creative process. It strengthens your position in case of disputes.
– Design rights protect the visual appearance of a product, while copyright protects the original expression of an idea, such as a drawing or digital artwork
Not sure if design registration is right for you?
Talk to one of our experts. Call the customer center at + 47 22 38 73 00 for guidance.
