DEREK JACKSON ASSOCIATES

PATENT AND TRADE MARK ATTORNEYS

UK UNREGISTERED DESIGN RIGHT

UK unregistered design right applies to the original design for the shape or configuration of the whole or part of a product (when the design is made by a qualifying person or is first marketed in a qualifying country).  Design right is a right only to prevent copying and is not a monopoly right.  Also, 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.

UK unregistered design right cannot protect any form of surface decoration.  That is, it applies only to three-dimensional designs and not to two-dimensional designs.

There is no requirement for any form of registration for design right.  Nevertheless, it is prudent to ensure the date and ownership of the design can be established should this ever become necessary.

UK design right lasts for up to 15 years, but exclusive rights to the design can be limited to as little as five years.  In order to maintain continuing design right protection it may be necessary to re-design the product frequently.

ADVANTAGES AND DISADVANTAGES

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.