Have you ever wondered why two almost identical products can have completely different prices? Why does a consumer choose a certain perfume bottle, a certain chair or a certain app, even though the alternatives offer similar functions?
Often, the answer lies not in the technical characteristics of the product, but in the design. The shape, appearance, visual details and experience it creates decisively influence the perception of consumers and, implicitly, the commercial success of a product.
A new study published by the European Union Intellectual Property Office (EUIPO) confirms this: almost three-quarters of European consumers are willing to pay more for products with an attractive and well-made design. At the same time, the European Union is implementing the most important reform of the design protection system in the last two decades. The two developments are not accidental. The more valuable the design becomes to the business, the more important it becomes to be protected.
Consumers buy design, not just products.
According to the EUIPO study, 73% of European consumers are willing to pay more for products that stand out for their design. Also, 72% consider appearance and design an important factor in the buying process.
These figures confirm a reality that many companies are already observing in practice. Design is no longer just an aesthetic component added at the end of the development process. It influences the way a product is perceived, differentiated and stored in the market.
Whether we are talking about the packaging of a food product, the appearance of an electronic device or the interface of a mobile application, design directly contributes to the commercial value of the product. In many situations, this becomes the main element that differentiates a brand from the competition.
Success also attracts imitators.
However, there is a paradox that many entrepreneurs discover only after their product starts to be successful. The more a design is appreciated by consumers, the more likely it is to be imitated.
Attention-grabbing packaging on the shelf, the distinctive shape of a product, or an intuitive digital interface can quickly become sources of inspiration for competitors. In some cases, the difference between inspiration and copy is very small, and the lack of adequate protection can turn the investment in design into a short-term advantage.
Design protection should therefore not be seen only as an administrative formality, but as a measure to protect an investment. The registration of a design gives the owner an exclusive right that can be invoked against those who attempt to reproduce or exploit the creation without his consent.
In practice, the existence of a registration certificate is often sufficient to deter imitators. A notice of termination of infringement, accompanied by proof of registration, may lead to the withdrawal of copied goods without the need to initiate a lawsuit. And when the conflict reaches the court, the registered design provides a solid legal basis for defending rights and recovering damages.
Europe is modernising design protection.
As design becomes an increasingly important factor in the purchase decision, legislation must keep up with market realities. In this context, the European Union has adopted the most comprehensive reform of the design protection system in the last two decades.
The new regulations reflect the fact that design no longer exists exclusively in the physical world. Today, many of a company’s valuable creations are digital: graphical interfaces, animations, icons, visual effects or other elements used in online applications and platforms. The European design protection system is adapted to respond to these new realities and to provide holders with more effective protection tools.
The reform also brings a series of procedural simplifications, updates the terminology used and expands the possibilities of protecting modern creations, including those in the digital environment. Basically, the European Union sends a clear message: design is a valuable economic asset and deserves adequate protection.
We have extensively analyzed the main changes brought by the new legislation in a dedicated article, which you can read here.
The EUIPO study confirms that design is increasingly influencing purchasing decisions, and the European legislative reform demonstrates that its importance is also recognized at the legal level. For companies, these developments are a good opportunity to analyse whether the visuals that differentiate them in the market are adequately protected.
If you want to find out whether your product design, app interface, packaging or any other visual element you have created can be protected by registering a design with the EUIPO, the CAS team can provide you with advice and support throughout the entire procedure.
📧 E-mail: office@agentiatas.ro
📞 Phone: 0745 160 163
