Intellectual Property

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Registered and Unregistered Designs

Our intellectual property solicitors provide expert advice on all aspects of registered and unregistered design rights. Our advice and expertise in this complicated area covers:

Registered Design (UK)

A UK registered design allows the owner to exploit a monopoly on the design. This right protects the 2D (including surface decoration) and 3D features of the appearance of a product which do not relate to its function.

To be registerable the design must be new in its field and have individual character. A designer who discloses a design has a 12 month grace period in which to apply for registration.

The period of protection is 25 years from the date of filing the application, renewable in periods of 5 years. Registered design rights can be applied for in most countries.

Unregistered Designs (UK)

UK unregistered design right arises when a design that qualifies for protection is recorded in a design document or an article is made to that design. It is an automatic right which protects against copying and requires no formal registration.

This right protects the design of functional products. In order to qualify for protection the design must comprise of any aspect of the shape or configuration of the whole or part of an article and it must be original (i.e. not commonplace). Features of the design dictated by their need to fit or match another item will not be protected.

The period of protection expires 15 years from the end of the calendar year in which the design was first recorded or an article was first made to the design. The effective period of protection is 10 years.

In practice the owner of the design has the exclusive right to use the design for 5 years. In the last 5 years of the life of the design a third party can be given licence to the design.

Unregistered Community Design Right

When a design is first made available in the EU (e.g. when it is published, exhibited, sold or disclosed) this right is automatically triggered.

Similar to Registered Community Design Right, this right offers protection in all of the Member States of the European Union.

For a successful claim to be brought for infringement of Unregistered Community Design Right, the Claimant must prove that the Defendant has produced a design as a result of copying the original design, and is considered to be the same or sufficiently the same as the original design.

However the period of protection is only 3 years from the date the design was first made available.

Semiconductor chip topography rights

This is a special type of unregistered design right for the protection of the design of the surface pattern of computer chips. This right lasts for 10 calendar years after the first marketing of the items of the design. If the owner does not market their design within 15 years of the design being recorded, the design right expires.

Registered and unregistered design rights are vastly complicated. We have the expertise to advise on all areas.

To discuss this complex are of intellectual property law contact:
Ian Morris, Head of Intellectual Property
Damian Bailey, Partner
T: 0161 832 3434

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