Unregistered design rights

Rights that protect unregistered designs and stop others from using them without permission are known as a ‘design right’. It gives protection automatically without paying a fee, this protection differs depending on the nature of the unregistered design.

Design rights relating to the shape and configuration of an unregistered design lasts either 10 years after and item was first sold or 15 years after it was created, whichever ends first. However within the last 5 years of protection if a ‘licence of right’ is requested one must let others use the design. A registration for longer protection can however be applied for providing the design meets certain eligibility criteria.

Design rights relating to the appearance of a product is protected in the UK for 3 years from the date the design is made public. Known as ‘supplementary unregistered design right’ (or ‘continuing unregistered community design’ if made public in the UK or the EU before 1 January 2021). The rights relating to appearance can refer to 2-dimensional or 3-dimensional designs including; shape, colours, texture, materials or ornamentation.

If a design is made public in the EU, it’s protected in the EU for 3 years from the date it was made public and is known as ‘unregistered community design right’, but it does not protect the design outside the EU. If made public before 1 January 2021, it remained protected in the EU until the end of the 3 year period and protected whether made public in the EU the UK.

Proof of when a design was created is needed in order to prove the right that a design is protected. This could mean getting signed and dated copies of the design drawings or photos certified and kept by a solicitor or intellectual property attorney. There are other ways to prove your right. You’ll usually need to get professional legal advice. Others can use a design if the original proven designer sells or gives a licence of right. Disputes over a design and use thereof should be directed to the Intellectual Property Office (IPO), intellectual property professionals may charge for their assistance.

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[edit] External links

https://www.gov.uk/unregistered-designs