Watching out for individual character (Brands & IP Newsnotes - issue 6)
22 September 2017
The web of overlapping rights for designs can leave designers feeling confused about the protection on offer. This quick guide will steer you through this legal maze to help you identify what rights you may have.
What protection is there for designs in the UK?
The rights available for UK designs can be broadly summarised as follows:
What rights do I have in unregistered designs?
UK unregistered design right protects designs of the shape or configuration of a product (internal or external) which are original and not commonplace. It does not protect surface decoration.
Community unregistered design right protects the appearance of the whole or part of a product resulting from the lines, contours, colours, shape, texture and/or materials of the product or its ornamentation. Surface decoration can be protected.
Copyright protection is available for a 3D article if it qualifies as a sculpture, work of artistic craftsmanship or engraving.
The owner of an unregistered design can prevent others from copying that design but designers have no right to prevent someone from independently creating a similar design without copying.
What rights do I have in registered designs?
UK and Community registered designs protect the same features as Community unregistered designs. The difference is that a registered design provides a monopoly right, meaning that you can prevent third parties from producing products which incorporate the design even if they have not copied your design. You do not even have to prove that the other party knew that your design existed.
How long can I protect my designs for?
UK and Community registered designs can last up to 25 years. Community unregistered designs last for only 3 years and UK unregistered designs last a maximum of 15 years.
Do I need to register my designs?
It is not essential to register your designs, but as registered designs give much better protection than unregistered rights, registration is strongly recommended.
The key benefits of registered rights are the length of protection offered (up to 25 years vs 3 or 15 years) and the fact that you don’t need to prove copying to enforce your rights.
How do I apply to register my designs?
Registered designs are obtained by applying at the UKIPO (for UK registered designs) or EUIPO (for Community registered designs).
Registered designs are generally quick and cheap to obtain, with the UKIPO registration fees currently being less than £100 per design.