Design protection
Contents |
[edit] 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 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. The 1949 Act was amended in 1999, 2001, 2006 when the rules were simplified and expressed in simpler English.
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.
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."
[edit] 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'.
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.
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.
[edit] 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).
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.
[edit] Copyright
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.
For more information see: Copyright.
Other forms of protection include: Patents, trade marks and design rights.
For more information see: Intellectual property.
[edit] Related articles on Designing Buildings Wiki
[edit] External references
Featured articles and news
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).
Ebenezer Howard: inventor of the garden city. Book review.
The Grenfell Tower fire, eight years on
A time to pause and reflect as Dubai tower block fire reported just before anniversary.
Airtightness Topic Guide BSRIA TG 27/2025
Explaining the basics of airtightness, what it is, why it's important, when it's required and how it's carried out.
Construction contract awards hit lowest point of 2025
Plummeting for second consecutive month, intensifying concerns for housing and infrastructure goals.
Understanding Mental Health in the Built Environment 2025
Examining the state of mental health in construction, shedding light on levels of stress, anxiety and depression.