UK unregistered design right (UKUDR): what is the ‘licence of right’ period?

Understanding the duration of UK unregistered design right protection

A UK unregistered design right, or UK UDR, arises automatically, and protects an original design of the shape or configuration (i.e. how the parts are arranged) of the whole or part of a 3D object. But what is the lifespan of UK UDR protection, and does it expire?

How long does a UK UDR last?

It lasts for the lessor of:

• 15 years from the end of the year in which the design was first recorded or embodied in an object, whichever occurred first; or
• if objects made to the design are made available for sale within 5 years of the end of that year, 10 years from the end of the year in which that first occurred.

UK UDR protects against copying. however, its bite is reduced during the final 5 years of its term. That is because the owner must, if requested by a third party, grant a licence.

If the parties cannot agree the terms of such a licence, the terms will be determined by the UK IPO. So, during the ‘licence of right’ period, UK UDR cannot be used to prevent copying. Resultingly, it can only be used to generate royalties and not, for example, to obtain an injunction.

The ‘licence of right’ period is intended to strike a balance between rewarding innovation and encouraging competition (which should benefit consumers). For businesses, it is important to plan for increased competition as designs enter the ‘licence of right’ period and, potentially, exploitation shifting towards a royalty-based model.

If you have any queries in relation to UK UDR subsistence or exploitation, please contact a member of our intellectual property team on 0161 832 3434, or email us at [email protected].