Design rights protect the visual appearance of your products - their shape, configuration, pattern, or ornamentation. Both registered and unregistered design rights provide valuable protection for creative and functional designs.
What Our Design Rights Solicitors Can Help With
- Registered Design Applications: UK and EU registered design protection
- Unregistered Design Rights: Automatic protection for 3D designs
- Design Searches: Prior design searches and registrability assessments
- Design Infringement: Enforcement action against copying of designs
- Design Validity: Defending registered designs against validity challenges
- Design Licensing: Monetising design rights through licensing agreements
- International Design Protection: Hague Agreement international registrations
- Design Portfolio Management: Strategic management of design rights portfolios
Types of Design Protection
UK Registered Designs:
- Protects visual appearance of products
- 25 years maximum protection (5-year renewals)
- Exclusive rights throughout UK
- Strong enforcement rights
- Requires novelty and individual character
- £50 official fee per design
EU Registered Community Designs:
- Protection across all EU member states
- 25 years maximum protection
- €350 for first design, reduced fees for multiple designs
- Unitary right covering entire EU
- Still available post-Brexit for EU protection
UK Unregistered Design Right:
- Automatic protection for 3D shapes
- 15 years maximum (10 years exclusivity + 5 years licence of right)
- No registration required
- Must be original and not commonplace
- Weaker than registered rights
- Free but harder to enforce
What Can Be Protected by Design Rights
Registrable Designs:
- Product Shapes: 3D forms and configurations
- Surface Patterns: Decorative patterns and textures
- Ornamentation: Visual features and decorative elements
- Typography: Typefaces and lettering styles
- Icons and Symbols: Graphic user interface elements
- Packaging Design: Product packaging and containers
Design Requirements:
- Novelty: Not identical to prior designs
- Individual Character: Different overall impression from prior designs
- Visibility: Features must be visible in normal use
- Not Functional: Cannot be solely dictated by technical function
- Not Offensive: Cannot be contrary to public policy or morality
Design Rights vs Other IP Rights
Design Rights vs Copyright:
- Design rights: Protect appearance for commercial use
- Copyright: Protects artistic works and creative expression
- Overlap possible for artistic designs
- Different enforcement procedures and remedies
Design Rights vs Trademarks:
- Design rights: Protect visual appearance of products
- Trademarks: Protect brand identifiers and source indicators
- Shape marks can overlap with design protection
- Different registration procedures and requirements
Design Registration Process
- Design Search: Searching existing registered designs
- Registrability Assessment: Evaluating novelty and individual character
- Application Preparation: High-quality representations and descriptions
- Filing: Submitting application with official fees
- Examination: Formal examination (substantive examination optional)
- Publication: Design published in official register
- Registration: Certificate issued and protection begins
Design Costs and Timeframes
UK Registered Design Costs:
- Single design: £50 official fee
- Multiple designs: £35 each (2nd-10th), £30 each (11th+)
- Professional fees: £300-£800 per design
- Renewal fees: £70 (6th year), £90 (11th year), £110 (16th year), £140 (21st year)
EU Registered Design Costs:
- Single design: €350
- Multiple designs: €175 each (2nd-10th), €75 each (11th+)
- Professional fees: €500-€1,200 per application
- Renewal fees: €90 (6th year), €120 (11th year), €150 (16th year), €180 (21st year)
Registration Timeframes:
- UK registration: 1-2 months
- EU registration: 1-3 months
- International (Hague): 6-12 months
- Examination delays possible if objections raised
Design Infringement and Enforcement
Design Infringement:
- Using design without permission during protection period
- Making, offering, putting on market, importing, exporting, using, or stocking products incorporating design
- No need to prove copying (strict liability)
- Must produce same overall impression on informed user
Enforcement Actions:
- Cease and Desist: Formal warning letters
- Court Injunctions: Orders to stop infringement
- Damages: Compensation for losses
- Account of Profits: Infringer's profits from unauthorised use
- Delivery Up: Destruction of infringing products
- Border Enforcement: Customs seizure of imported counterfeits
Design Strategy Considerations
Registration vs Unregistered Rights:
- Registered: Stronger rights, longer protection, easier enforcement
- Unregistered: Automatic protection, no cost, but weaker rights
- Consider commercial importance and enforcement needs
- Multiple applications for design variations
International Protection Strategy:
- Priority period: 6 months from first application
- Hague Agreement for international registration
- Country-specific filing in key markets
- Consider local design protection laws
Why Choose SolicitorConnect for Design Rights
- Design Law Specialists: Expertise in registered and unregistered design rights
- Creative Industry Experience: Understanding of design and manufacturing sectors
- Strategic Approach: Portfolio management aligned with business goals
- International Reach: Global design protection experience
- Cost-Effective Solutions: Efficient filing strategies to minimise costs
- Enforcement Expertise: Strong track record in design infringement cases
Design rights protection requires understanding of both legal requirements and commercial design considerations.
This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.
