Whether it be the shape of a modular space or the design of a light fixture, the creation of a clothing line or the development of eco-friendly packaging, designers are creators. They reinterpret materials, conceive models.
Through their expertise and creative talent, they build a value proposition: the designers contribute to the growth of their company.
In this context, intellectual property (IP) is a real driver of growth. Yet, despite its importance, it sometimes remains neglected.
Therefore, what are the main legal protections and best practices to ensure that innovative and creative developments, for example a photograph, a graphic design, a connected object, or a custom bicycle, become genuine intangible assets?
One of the main tools offered by the IP system is the trade mark (a name, a logo, a sound, etc.). This allows for the identification of the origin of the product or the service offered. If certain legal conditions are met, the trade mark can be protected for ten years, renewable indefinitely. This also helps in building an identity and a reputation that, once protected, can be a valuable asset.
A second tool is the design right. In this case, the IP law offers the possibility of protecting the visible appearance of an industrial or handicraft object, provided, once again, that it meets specific legal conditions (mainly, the created item must be new and have an individual character). Protection through design law provides a strong safeguard against unauthorised copies.
Since December 1st, 2025, a new tool has been made available to designers: the protected geographical indication (PGI) for craft and industrial products, allowing producer groups to protect product names linked to a geographical origin, which gives the products a specific quality, reputation or other characteristic, especially through local know-how or traditions.
Author’s rights (often called copyright in English) are also important to mention. They protect creations automatically, without any registration process, for the lifetime of the author and seventy years after the creator’s death. To enjoy protection through author’s rights, it is necessary for the creation to be original, expressing free and creative choices.
These various protection means can be supplemented by a patent application, which protects technical inventions.
It is also worth mentioning the know-how and trade secrets (the famous “touch”, recipes, specific techniques, etc.), which may require to follow certain best practices to maintain their confidentiality.
It should also be noted that most of these tools can be combined. Moreover, financial aid programmes, such as the SME Fund (see below), may also be granted under certain conditions.
Faced with the proliferation of illegal copies, the protection mechanisms previously presented provide access to legal actions: infringement actions, which often have a deterrent effect and are effective.
Furthermore, from a marketing perspective, affixing information to the created product or its packaging (for example, the use of ’PGI’ (or the related symbol) for protected geographical indications, the display of the registered design notice Ⓓ, etc.) can also be a valuable communication tool.
Frequently perceived as the domain of large companies, IP is a relevant and major strategic instrument for all types of creators wishing to protect their identity and creations. This is even more true today in light of the questions raised by AI.
For free awareness-raising information on IP, you can contact the Institut de la Propriété Intellectuelle Luxembourg G.I.E. (IPIL) or the Intellectual Property Office of the Ministry of the Economy. In order to get individual advice, you may contact lawyers having an activity in IP or industrial property attorneys.
The SME Fund, a European Commission initiative implemented by the European Union Intellectual Property Office, offers a reimbursement of up to 75% of the costs of filing IP applications and conducting patent prior art searches.
In Luxembourg, the initiative is supported by the Intellectual Property Office of the Ministry of the Economy, the Institut de la Propriété Intellectuelle and the Benelux Office for Intellectual Property.
