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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.
UK Registered Designs:
EU Registered Community Designs:
UK Unregistered Design Right:
Registrable Designs:
Design Requirements:
Design Rights vs Copyright:
Design Rights vs Trademarks:
UK Registered Design Costs:
EU Registered Design Costs:
Registration Timeframes:
Design Infringement:
Enforcement Actions:
Registration vs Unregistered Rights:
International Protection Strategy:
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.
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Registered and unregistered design rights offer different levels of protection: Registered designs provide stronger protection for up to 25 years (renewable every 5 years) covering the visual appearance of products. They require registration, official fees (£50+ in UK), and must be novel with individual character. You get exclusive rights and easier enforcement. Unregistered design rights are automatic and free, lasting 15 years maximum (10 years exclusivity then 5 years licence of right). They only protect 3D shapes and require originality and non-commonplace design. Enforcement is more difficult. Choose registered designs for: important commercial designs, when you need strong enforcement rights, designs you plan to license. Choose unregistered for: quick protection, cost-sensitive situations, designs with uncertain commercial value.
Yes, several options exist for international design protection: UK registered designs protect only in the UK (£50+ per design). EU registered designs protect across all 27 EU member states (€350 for first design). International registrations under the Hague Agreement cover 70+ countries through a single application. Individual national applications in specific countries may be needed for non-Hague members. Consider: your target markets, manufacturing locations, budget constraints (international protection can cost thousands), and enforcement capabilities in different countries. You have a 6-month priority period from your first application to file internationally with the same effective date. Professional advice helps determine the most cost-effective international filing strategy based on your business plans.
Proving design infringement requires showing: Your design rights are valid and in force. The alleged infringer has used your design without permission. Their design produces the same overall impression on an informed user. For registered designs, infringement is easier to prove as registration creates legal presumptions. For unregistered rights, you must prove: your design qualifies for protection, creation date and originality, and that defendant copied your design. Evidence includes: registration certificates, creation records and dates, sales and marketing materials, photographs comparing designs, expert witness testimony, and evidence of copying vs independent creation. The test focuses on overall impression rather than minor differences. Professional assistance is important for complex infringement analysis and court proceedings.
If someone copies your design, you have several enforcement options: Send cease and desist letters demanding they stop using your design - often effective for clear infringement. Apply for interim injunctions to stop infringement urgently while court proceedings continue. Pursue full court action for permanent injunctions, damages, account of profits, and delivery up of infringing products. Use customs enforcement to stop importation of counterfeit products. Negotiate licensing agreements if appropriate. Consider alternative dispute resolution like mediation. Enforcement strength depends on whether you have registered or unregistered rights. Registered designs provide stronger enforcement with legal presumptions of validity. Document the infringement thoroughly and seek professional legal advice to assess your options and likelihood of success.
Design rights duration depends on the type: UK registered designs last up to 25 years maximum, renewed every 5 years (renewal fees: £70, £90, £110, £140 for each 5-year period). EU registered designs also last up to 25 years with similar renewal structure. UK unregistered design rights last 15 years maximum from first recording of the design, but only 10 years of exclusive rights followed by 5 years of 'licence of right' where others can use the design for reasonable royalties. International designs under Hague Agreement vary by country but typically follow similar 25-year maximum terms. Design rights begin from different dates: registered designs from registration date, unregistered from first recording. Consider renewal costs when planning long-term design protection strategies.
For a design to be registrable, it must meet several requirements: Novelty - no identical design must have been made available to the public before your application date. Individual character - the design must produce a different overall impression on informed users compared to existing designs. Visibility - the features must be visible during normal use of the product. Not solely functional - features cannot be solely dictated by the product's technical function. Not offensive - cannot be contrary to public policy or morality. The design must relate to the appearance of a product or part of a product resulting from lines, contours, colours, shape, texture, materials, or ornamentation. Designs for: product shapes, surface patterns, packaging, icons, and decorative elements can potentially be registered. Professional design searches help assess registrability before application.
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