5 things you need to know about Design Right:
1. Designs are the shapes and configurations of objects. This can include symbols, patterns, profile and packaging.
2. Designs are protected in two ways:
(a) Unregistered designs - Unregistered designs are further categorised into UK only unregistered rights and Community unregistered design rights. An unregistered UK design right arises on the creation of an article, and will protect any original, unconventional aspect of the shape or configuration of the article (or part of it). Community unregistered design rights arise at the point at which the article is first made available to the public, but will only protect against direct copying.
(b) Registered designs - Registration of designs will protect them and can be done so in the UK, EU and in other countries. An application to protect the article’s design must be made within the first 12 months of first marketing.
(a) Unregistered designs - Unregistered designs are further categorised into UK only unregistered rights and Community unregistered design rights. An unregistered UK design right arises on the creation of an article, and will protect any original, unconventional aspect of the shape or configuration of the article (or part of it). Community unregistered design rights arise at the point at which the article is first made available to the public, but will only protect against direct copying.
(b) Registered designs - Registration of designs will protect them and can be done so in the UK, EU and in other countries. An application to protect the article’s design must be made within the first 12 months of first marketing.
3. The benefits of registering a design right include: longer duration of rights (UK and Community registered rights can last up to 25 years, whereas UK unregistered design rights have a maximum term of 15 years, and Community unregistered rights only 3); and if seeking to rely on unregistered design rights, a party is required to prove that their design has been copied in order to establish, whereas a registered design owner does not have to.
4. You can licence your design right to another party (note that in the final 5 years of a right you must give a licence of right to anybody who asks).
5. The Copyright, Designs and Patents Act 1988 regulates the UK Design Registration. To register your design, you need to provide: the full name and address of the applicant (or company registration information where applicable); two representations of the design to be registered; and information on the article which the design will be applied to.
