In the competitive market, protecting the packaging design of products is highly important.
Let’s talk about three ways in which you can protect your packaging with intellectual property. Each method provides unique benefits and protections.
How can I protect designs with copyrights?
Whether it’s an elaborate label design with vibrant colors or a characteristic illustration on your product packaging, copyrights protect the visual elements that make your product truly distinctive.
These rights are given at the moment of the creation of what is being protected. With this protection, you can make sure that your creative vision remains protected against imitation.
How can I protect designs with patents?
Design patents or Industrial Designs offer protection for novel designs, providing exclusive rights to the features of the visual qualities of the product or packaging.
Design patents guard your innovations against imitation for up to 15 years depending on the jurisdiction of protection. By securing this patent, you prevent competitors from replicating your packaging and product.
How can I
protect distinctive elements of the packaging with trademarks?
Distinctive elements from your packaging, which includes 3D forms, figurative elements, expressions, or even color, can be protected via trademarks.
This protection extends beyond individual elements, offering defense for the overall visual appearance of your packaging. We would also encourage you to check if in your jurisdiction you have the possibility of using trade dress protection.
Our Experts
J. Felipe Acosta
Partner | Litigation
and ADR Director
and ADR Director
Mónica Guevara
Partner | Patents
Director
María A. Pava
Partner | Trademarks
Director