Supplementary unregistered design right

Supplementary Unregistered Design Right (SUD) is a UK design right that protects the 2 and 3D visual appearance (shapes, patterns, colours) of a product against copying for three years from the date of first disclosure within the UK. It replaced the previously used UK Unregistered Design Right (UKUDR) which only covered 3D shape and configuration, rather than full visual appearance, including surface decoration and 2D patterns of the SDU.

SUDs were introduced post-Brexit and in effect mirror the EU system; the protection of EU Unregistered Community Designs (UCDs), they are however UK specific as UCDs are no longer valid in the UK. SUDs are created automatically upon the first public disclosure of a design in the UK, and UCDs are created automatically upon the first public disclosure of a design in the EU, they are not interchangeable ie public exposure in the EU does not cover protection in the UK and vice versa.

To qualify, designs must be new and possess individual character upon first public disclosure, which automatically creates protection for 3 years from the date of that disclosure. The right prevents third parties from copying the design, but not independent creation by another party. They are intended for the protection of high turnover design frames such as exhibitions, fashion and so on. These are a type of unregistered design right which have the lowest length but some can extend up to 15 years depending on definition see article unregistered design rights.

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