For most of the twentieth century, design protection was something of a backwater when compared to utility patents, trademarks and copyrights, with many companies seeing little value in this form of intellectual property (IP) coverage. However, this perception has changed significantly in recent years, with design application filings increasing year over year in many jurisdictions around the world.

A key moment in the history of design applications was the Apple v Samsung settlement in which Apple was awarded more than US$1 billion. Apple’s win was a wake-up call that resonated beyond Samsung, as it demonstrated to many observers and producers the potential value of design protection.  

In this video, CIGI Senior Fellow Margo Bagley speaks about the importance of design rights in today’s IP world as well as the implications for Indigenous peoples. Designs that are ethnically and culturally distinctive make money, which often involves the exploitation of Indigenous peoples and their creations.