Community unregistered design right applies to the external appearance of all or part of a product which results from the lines, contours, colours, shape, texture or materials of the product or its ornamentation. Community unregistered design right is a right only to prevent copying and is not a monopoly right. As with registered designs, design right cannot protect any features that are the result of the function of the product, or which allow the product to form an integral part of another product.
There is no requirement for any form of registration for Community unregistered design right. Nevertheless, it is prudent to ensure the date and ownership of the design can be established should this ever become necessary.
Community design right applies only to designs which are first made available to the public within the European Community and lasts only three years from the date of first disclosure. Thus, in order to maintain continuing Community unregistered design right protection it is essential to re-design the product frequently.
There are significant differences between Community unregistered design right and UK unregistered design right. Community design right lasts only three years from first disclosure to the public, while UK design right can be effective for from 5 to 15 years from the end of the year of making the design.
For Community design right to be created first disclosure must be within the European Community, while the rules are somewhat more relaxed for UK design right. UK design right protects only three-dimensional designs, whereas Community design right also protects two-dimensional designs.
When compared with registered designs, design right is simple in that it requires no form of registration, although it has a much shorter duration. However, to enforce unregistered design right it is necessary to prove ownership of the design and that the design has been copied. It can often be difficult to prove that copying has taken place.