Designs

Creation:
Designs are protected in two different ways. The first is an automatic right similar to copyright and the second is design registration which is the result of a formal application process.

Design Right – Scope:
Design Right exists automatically when a ‘new’ design that meets certain otherconditions is created. This unregistered design right only protects the shape or configuration of a design and will not protect 2 dimensional elements such as patterns. It allows the owner of the right to take action against unauthorised copiers. In the first 5 years of the design’s life the owner can prevent a copier from using his design but after this period the owner may only grant a licence to the copier of the design.

Design Right – Duration:
Design Right in the EU lasts for 3 years following publication of the design. Design Right in the UK lasts either 10 years from the 1st marketing of the design or 15 years from the first creation of the design, depending on which date is earlier.

Registered Design – Scope:
Designs can also be registered, in both the UK and the EU. A design registration can protect the appearance of the whole or of part of a design. In order to be registrable a design must be "new" and must have "individual character". Certain exclusions may also apply in addition to these requirements, for example it is not possible to protect those elements of a design that are dictated entirely by their function. Owners of new designs have a 12 month grace period in which to file for registration.

Registered Design – Duration:
The duration of design registrations (whether covering just the UK or covering all the member states of the EU with a Community Registered Design) is 25 years. The registrations are subject to renewal fees every 5 years.

Advantages of Registration:
There are a number of advantages to following the formal application procedure and obtaining a design registration, for example it is possible to protect 2 dimensional aspects of the design, the protection lasts longer and it is possible to take action against unauthorised use of an identical or similar design that is the result of independent creation. This means there is no requirement to prove copying as is the case with unregistered design rights.