The power of visual appeal: Designs law and clean energy

Abstract

The visual features of a clean energy product play an important role in promoting consumer desirability and sentiment, expanding the market for clean energy products and enhancing public buy-in. In the context of clean energy products, the visual features will be a secondary consideration to the functional features of the product. This chapter will outline the importance of visual features, and illustrate how they can be used to expand and consolidate a market for clean energy products. The registered designs system is one mechanism which could be used to secure rights in visual appearance. However, the designs system is underutilised in general, and particularly problematic where is comes to products where the primary consideration is the function. This chapter will outline the importance of design rights in the context of clean energy products and how these rights would assist in supporting the creators of such products and achieving policy aims with respect to clean energy. It will examine potential obstacles to effective protection, with some suggestions for improvement of the law.