EXCO/IT25/RES/005
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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Resolution of the Executive Committee, Naples, Italy
13 and 16 October 2025
“Influence of a Title or a product indication of a Design
on the Scope of Protection”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative
of the free profession throughout the world, assembled at its World Congress and Executive
Committee held in Naples, Italy, 13 to 17 October 2025, passed the following resolution:
NOTING
that the protection of designs is an important intellectual property right to protect
innovative designs for commercial products and thereby ensures that designers are
incentivised to continue to create products bearing new industrial designs;
FURTHER NOTING
that applicants of intellectual property rights need legal certainty in all
jurisdictions and a uniform and consistent approach to design rights under the Paris
Convention to protect their innovative designs globally;
OBSERVING
that in some jurisdictions the grant conditions and the scope of protection of a
design are largely independent from the title and the product indication, while in other
jurisdictions the grant conditions and the scope of protection of a design are tied to the
title/product indication;
FURTHER OBSERVING
that in these other jurisdictions, a design can be misappropriated from
its originally intended product implementation (product indication or title) and applied to
different goods in different technical or commercial areas without infringement of the
registered design right, such that the innovative contribution made by the original designer
may be freely adopted by others for a different purpose and product;
“Influence of a Title or a product indication of a Design
on the Scope of Protection”
EXCO/IT25/RES/005
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
2
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FURTHER OBSERVING
that in these other jurisdictions a new and independent design right
can be acquired through the discovery of new fields of use or applications for an already
protected design only by adopting a different title or product indication, even though the
design of the "new" product is identical to the original design;
BELIEVING
that this fundamental difference in the effect of the title/product indication can
create uncertainty in the scope of design protection for design applicants across different
jurisdictions;
URGES
jurisdictions to take steps as needed so that design rights, for both the conditions for
grant/validity and for determining the scope of protection, are directed to the appearance of
the design and are not substantially dependent on the designated title or a product indication
of just one type of product to which the design may be applied or incorporated therein.