Design protection - Revision history

Editor at 05:38, 10 February 2026

2026-02-10T05:38:58Z

← Older revision		Revision as of 05:38, 10 February 2026
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	* Proprietary information.		* Proprietary information.
	* Supplementary unregistered design right.		* Supplementary unregistered design right.
		+	* Unregistered community designs.
	* Unregistered design rights		* Unregistered design rights

Editor at 05:37, 10 February 2026

2026-02-10T05:37:15Z

← Older revision		Revision as of 05:37, 10 February 2026
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	With an unregistered design, the owner has the power to prevent others from unauthorised copying. There are two types of unregistered design, one covering the UK, the other the whole of the European Union (Community Design).		With an unregistered design, the owner has the power to prevent others from unauthorised copying. There are two types of unregistered design, one covering the UK, the other the whole of the European Union (Community Design).

−	Registering through the Community Design system gives protection across the whole of the EU. A Community Design can be either registered or unregistered. In a court action, an unregistered Community Design owner must provide proof of date and place of the first disclosure of the design if they are to defend successfully their right or act against counterfeiters.	+	Registering through the Community Design system gives protection across the whole of the EU. A Community Design can be either registered or unregistered. In a court action, an unregistered Community Design owner must provide proof of date and place of the first disclosure of the design if they are to defend successfully their right or act against counterfeiters. See Unregistered design rights

	= Copyright =		= Copyright =
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	For more information see: Intellectual property.		For more information see: Intellectual property.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Assignment.		* Assignment.
	* Copyright.		* Copyright.
	* Intellectual property.		* Intellectual property.
		+	* Intellectual property rights, copyright, patents, and trademarks
	* Non-disclosure agreement.		* Non-disclosure agreement.
	* Proprietary information.		* Proprietary information.
		+	* Supplementary unregistered design right.
		+	* Unregistered design rights

	= External references =		= External references =

Designing Buildings at 07:43, 16 February 2021

2021-02-16T07:43:45Z

← Older revision		Revision as of 07:43, 16 February 2021
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	* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]		* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]

−	[[Category:~~Definitions~~]] [[Category:~~DCN_Definition~~]] [[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Design]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Definitions]] [[Category:Other_legislation]] [[Category:Design]]

Designing Buildings at 17:20, 12 December 2019

2019-12-12T17:20:01Z

← Older revision		Revision as of 17:20, 12 December 2019
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	= Introduction =		= Introduction =

−	When architects and others create innovative product designs e.g graphic symbols, logos, door handles, stylish cutlery and so on it can be important for them to ensure that no third parties ~~can~~ copy the design and potentially profit from so doing. This can be prevented by registering the design.	+	When architects and others create innovative product designs e.g graphic symbols, logos, door handles, stylish cutlery and so on it can be important for them to ensure that third parties cannot copy the design and potentially profit from so doing. This can be prevented by registering the design.

−	The Registered Designs Act 1949 governs the registration of designs in the UK ~~and has been amended and updated on numerous occasions since~~. ~~Anybody can apply to register a design under the~~ Act, ~~and it has become increasingly popular with small- to medium-sized businesses~~, and ~~with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration~~ in ~~a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise~~.	+	The Registered Designs Act 1949 governs the registration of designs in the UK. The 1949 Act was amended in 1999, 2001, 2006 when the rules were simplified and expressed in simpler English.

−	~~Under~~ the ~~Registered Designs~~ Act ~~1949~~, a design is ~~defined as ‘’the appearance of~~ the ~~whole or~~ a ~~part of a product resulting from the features~~ of, ~~in particular~~, ~~the lines~~, ~~contours, colours, shape, texture or materials of the product~~ or ~~its ornamentation~~.’	+	Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without easy access to legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.

−	~~The 1949~~ Act ~~was amended~~ in ~~1999~~, ~~2001~~, ~~2006 when~~ the ~~rules were simplified and expressed in simpler English~~.	+	Under the Registered Designs Act 1949, a design is defined as "...the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation."

	= Registration =		= Registration =

−	Registering a design gives the designer a monopoly right for either the appearance of the entire object or just a part of it. The Act requires that for a design to be registered it must be ~~‘new~~ and have individual ~~character’~~.	+	Registering a design gives the designer a monopoly right for either the appearance of the entire object or just a part of it. The Act requires that for a design to be registered it must be 'new and have individual character'.

−	A design is new if ~~‘no~~ identical design or no design whose features differ only in immaterial details has been made available to the ~~public’~~.	+	A design is new if 'no identical design or no design whose features differ only in immaterial details has been made available to the public'.

−	The product has individual character ~~’if~~ the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public ~~beforehand’~~.	+	The product has individual character 'if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public beforehand'.

−	~~=== In the UK~~, ~~designs can be protected in two ways: ===~~	+	The right is tangible, published and readily apparent to third parties. It exists even if a third party produces an identical design without having copied or having had sight of the registered design.

−	* Unregistered designs.	+	Registering a design therefore provides complete protection. However, registering does not confer the right – the design arises as soon as the work is created – and in this respect it is similar to copyright. In the UK, applications are made to the UK Intellectual Property Office.
−	* Registered designs	+

	= Unregistered design =		= Unregistered design =
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	With an unregistered design, the owner has the power to prevent others from unauthorised copying. There are two types of unregistered design, one covering the UK, the other the whole of the European Union (Community Design).		With an unregistered design, the owner has the power to prevent others from unauthorised copying. There are two types of unregistered design, one covering the UK, the other the whole of the European Union (Community Design).

−	~~= Registered~~ design =	+	Registering through the Community Design system gives protection across the whole of the EU. A Community Design can be either registered or unregistered. In a court action, an unregistered Community Design owner must provide proof of date and place of the first disclosure of the design if they are to defend successfully their right or act against counterfeiters.

−	The owner of a registered design has the ‘monopoly’ right over it – i.e complete control over the design, and a right that is tangible, published and readily apparent to third parties. The right exists even if a third party produces an identical design without having copied or having had sight of the registered design.	+	= Copyright =

−	~~Registering~~ a ~~design therefore provides complete protection~~. ~~However, registering does not confer~~ the right ~~– the design arises as soon as the~~ work ~~is created – and in this respect it is similar~~ to ~~copyright~~. In the ~~UK, applications are made to the UK Intellectual Property Office~~.	+	Copyright is one of a number of rights that protect intellectual property. Copyright is the right of an author, artist or composer to prevent another person copying an original work. It applies to ‘work’ not to ideas. The right is given by the Copyright Designs and Patents Act 1988.

−	~~= Community Design =~~	+	For more information see: Copyright.

−	~~Registering through the Community Design system gives~~ protection ~~across the whole of the EU. A Community Design can be either registered or unregistered. In a court action~~, ~~an unregistered Community Design owner must provide proof of date~~ and ~~place of the first disclosure of the~~ design ~~if they are to defend successfully their right or act against counterfeiters~~.	+	Other forms of protection include: Patents, trade marks and design rights.
		+
		+	For more information see: Intellectual property.

−	Related articles on Designing Buildings Wiki	+	= Related articles on Designing Buildings Wiki =

	* Assignment.		* Assignment.
−	* ~~CIC BIM Protocol~~.	+	* Copyright.
	* Intellectual property.		* Intellectual property.
	* Non-disclosure agreement.		* Non-disclosure agreement.
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	* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]		* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]

−	[[Category:Definitions]] [[Category:Other_legislation]] [[Category:Design]]	+	[[Category:Definitions]] [[Category:DCN_Definition]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Design]]

Designing Buildings at 17:09, 12 December 2019

2019-12-12T17:09:10Z

← Older revision		Revision as of 17:09, 12 December 2019
Line 1:		Line 1:
	= Introduction =		= Introduction =

−	When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, it is important to ensure that no third parties can copy the design and potentially profit from so doing. This can be prevented by registering the design.	+	When architects and others create innovative product designs e.g graphic symbols, logos, door handles, stylish cutlery and so on it can be important for them to ensure that no third parties can copy the design and potentially profit from so doing. This can be prevented by registering the design.

	The Registered Designs Act 1949 governs the registration of designs in the UK and has been amended and updated on numerous occasions since. Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.		The Registered Designs Act 1949 governs the registration of designs in the UK and has been amended and updated on numerous occasions since. Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.

Editor at 18:55, 11 December 2019

2019-12-11T18:55:59Z

← Older revision		Revision as of 18:55, 11 December 2019
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	* Proprietary information.		* Proprietary information.

−	= External ~~resources~~ =	+	= External references =

	* [http://www.legislation.gov.uk/uksi/2006/1975/article/2/made Registered Design Rules 2006]		* [http://www.legislation.gov.uk/uksi/2006/1975/article/2/made Registered Design Rules 2006]

Editor at 18:52, 11 December 2019

2019-12-11T18:52:55Z

← Older revision		Revision as of 18:52, 11 December 2019
Line 1:		Line 1:
	= Introduction =		= Introduction =

−	When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, ~~they usually try~~ to ensure that no third parties can copy the design and potentially profit from so doing. This can be prevented by registering the design.	+	When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, it is important to ensure that no third parties can copy the design and potentially profit from so doing. This can be prevented by registering the design.

	The Registered Designs Act 1949 governs the registration of designs in the UK and has been amended and updated on numerous occasions since. Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.		The Registered Designs Act 1949 governs the registration of designs in the UK and has been amended and updated on numerous occasions since. Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.

Editor at 18:52, 11 December 2019

2019-12-11T18:52:04Z

← Older revision		Revision as of 18:52, 11 December 2019
Line 47:		Line 47:

	* [http://www.legislation.gov.uk/uksi/2006/1975/article/2/made Registered Design Rules 2006]		* [http://www.legislation.gov.uk/uksi/2006/1975/article/2/made Registered Design Rules 2006]
−	* http://www.legislation.gov.uk/uksi/2006/1975/article/2/made
	* [http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/2001-12-09 Registered Designs Act 1949]		* [http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/2001-12-09 Registered Designs Act 1949]
−	* http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/2001-12-09
	* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]		* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]
−	* https://www.pinsentmasons.com/out-law/guides/designs-the-basics

	[[Category:Definitions]] [[Category:Other_legislation]] [[Category:Design]]		[[Category:Definitions]] [[Category:Other_legislation]] [[Category:Design]]

Editor: Created page with "= Introduction = When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, they usually try to ensure that no thi..."

2019-12-11T18:51:01Z

Created page with "= Introduction = When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, they usually try to ensure that no thi..."

New page

= Introduction =

When architects and others create innovative product designs e.g graphic symbols, logos, door handles or stylish cutlery, they usually try to ensure that no third parties can copy the design and potentially profit from so doing. This can be prevented by registering the design.

The Registered Designs Act 1949 governs the registration of designs in the UK and has been amended and updated on numerous occasions since. Anybody can apply to register a design under the Act, and it has become increasingly popular with small- to medium-sized businesses, and with applicants without legal representation. The purpose of gaining registration for a new design, is that the proprietor can seek to enforce the registration in a court of law, and gain an injunction, with damages, against any other trader who is found to be copying their design either knowingly or otherwise.

Under the Registered Designs Act 1949, a design is defined as ‘’the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.’

The 1949 Act was amended in 1999, 2001, 2006 when the rules were simplified and expressed in simpler English.

= Registration =

Registering a design gives the designer a monopoly right for either the appearance of the entire object or just a part of it. The Act requires that for a design to be registered it must be ‘new and have individual character’.

A design is new if ‘no identical design or no design whose features differ only in immaterial details has been made available to the public’.

The product has individual character ’if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public beforehand’.

=== In the UK, designs can be protected in two ways: ===

* Unregistered designs.
* Registered designs

= Unregistered design =

With an unregistered design, the owner has the power to prevent others from unauthorised copying. There are two types of unregistered design, one covering the UK, the other the whole of the European Union (Community Design).

= Registered design =

The owner of a registered design has the ‘monopoly’ right over it – i.e complete control over the design, and a right that is tangible, published and readily apparent to third parties. The right exists even if a third party produces an identical design without having copied or having had sight of the registered design.

Registering a design therefore provides complete protection. However, registering does not confer the right – the design arises as soon as the work is created – and in this respect it is similar to copyright. In the UK, applications are made to the UK Intellectual Property Office.

= Community Design =

Registering through the Community Design system gives protection across the whole of the EU. A Community Design can be either registered or unregistered. In a court action, an unregistered Community Design owner must provide proof of date and place of the first disclosure of the design if they are to defend successfully their right or act against counterfeiters.

Related articles on Designing Buildings Wiki

* Assignment.
* CIC BIM Protocol.
* Intellectual property.
* Non-disclosure agreement.
* Proprietary information.

= External resources =

* [http://www.legislation.gov.uk/uksi/2006/1975/article/2/made Registered Design Rules 2006]
* http://www.legislation.gov.uk/uksi/2006/1975/article/2/made
* [http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/2001-12-09 Registered Designs Act 1949]
* http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/2001-12-09
* [https://www.pinsentmasons.com/out-law/guides/designs-the-basics Designs: the basics. Pinsent Masons]
* https://www.pinsentmasons.com/out-law/guides/designs-the-basics

[[Category:Definitions]] [[Category:Other_legislation]] [[Category:Design]]