According to the World Intellectual Property Organization (WIPO), 1.04 million industrial design applications were filed worldwide in 2019, the last year for which data exists. This represents a 1.7% increase in the number of design filings worldwide over 2018.
All geographical regions experienced growth in the number of design applications between 2009 and 2019, with North America (+6.7%) and Asia (+6.1%) seeing the largest average increases, followed by Oceania (+3%) and Europe (+1.6%).
Usually where there is an increase in the number of new applications, litigation follows. However, after studying the landscaping of design lawsuits over the past decade, divergent trends were identified. First, design litigation has been skyrocketing in China throughout various industries. Second, design litigation has been constantly declining in both Europe and the United States, despite the fact that both centers for fashion and automotive design.
The dichotomy of design IP in China compared to Europe or the United States is striking. The litigation landscape data raises the question: what is the future of design in mature IP jurisdictions, such as Europe and the US, but also in new and emerging markets, such as China? Are design asset owners taking full benefit of their IP and how should their strategies improve?
On March 4, 2021, Gene Quinn, CEO of IPWatchdog, Inc, discussed this shift in design IP rights and litigation. Gene was joined by Niccolò Ferretti from Nunziante Magrone, Tracy-Gene Durkin from Sterne, Kessler, Goldstein, & Fox, and David Marques from Clarivate.
Listen now to learn more.