Design Law in the UK
Design law is an often overlooked aspect of intellectual property (IP) rights in the UK, aimed at protecting the visual appearance of a product, such as its shape and pattern. Design rights promote creativity and innovation by ensuring that designers can protect their works from unauthorised use, thereby fostering innovation and creativity. Unlike patents and trademarks, design law specifically protects the appearance of a product rather than its functionality or brand identity.
Design rights can be classified in two categories: Registered and unregistered designs, each offering different scopes of protection.
Registered design rights provide protection for the visual appearance of a product. A design registration lasts for 5 years and can be renewed every 5 years for a total period of 25 years. For a work to be protected by a design right it must both be new and have individual character. This means that no identical design has been made available to the public before the filing date and that the design must produce a different overall impression on an informed user compared to existing designs. It is also important that the design is not dictated purely by the technical function of an object.
To register a design right, an application is made to the UK Intellectual Property Office containing illustrations of the design. Before filing an application, it is essential to conduct a comprehensive search to check for similar designs that might preclude registration. Once registered, the design grants the owner exclusive rights, preventing others from using, making, selling, or importing objects that incorporate the design without permission.
Apart from registered design rights, the UK also recognises unregistered designs. There are two types of unregistered design protection in the UK:
Unregistered design right: This right protects the shape and configuration of a three-dimensional object, lasting up to 15 years after it was created or 10 years after it was first sold, whichever ends first. In the last five years of protection, the design owner must licence the design to others upon request.
Supplementary unregistered design right: The appearance of a product can also be protected as an unregistered design. The protection lasts for 3 years from the date the design was made available to the public. The appearance of a product can be two-dimensional or three-dimensional, including aspects like shape, colours, texture, materials, and ornamentation.
Design rights are crucial for protecting the visual identity of products in industries like fashion, technology and consumer goods. These rights can enhance the marketability of a product and serve as valuable business assets. Protecting a design ensures that competitors cannot exploit the unique appearance of a product, preserving its competitive edge. Moreover, design rights can be licensed or sold, providing a potential revenue stream for business. This is particularly beneficial for small businesses and individual designers who may lack the resources to manufacture and distribute their products independently.
Enforcing design rights is crucial to maintaining their value. If someone uses a registered design without permission, the owner can take legal action to stop the infringement. For unregistered designs, proving infringement can be more challenging, and it is therefore recommended that designs are registered. Due to the challenging, costly and time-consuming nature of enforcement, it is in the best interest of a design right owner to seek professional advice early to avoid potential disputes
For businesses that operate internationally, securing design protection beyond the UK is essential. There are several options available:
The Hague System: The Hague Agreement allows for international registration of designs in multiple countries through a single application. The initial period of protection under the Hague System is five years. You can then renew your design twice, which guarantees you at least 15 years of protection. This system is useful for businesses looking to protect their designs in multiple jurisdictions.
EU Design Protection: Although the UK is no longer part of the EU, designers can still seek protection across EU member states through the Registered Community Design (RCD) system. A registered community design is initially valid for 5 years from the filing date and can be renewed for 5-year periods, up to a maximum of 25 years, whereas an unregistered design only grants protection for 3 years from the date of its first public disclosure within the EU territory. EU design protection offers a unified system of protection within the EU.
National Registration: Designers can also apply for protection in individual countries where they plan to market their products. This might be necessary for countries not covered by international agreements.
When deciding whether to register a design, it is essential to consider the broader IP strategy and understand how design rights interact with other forms of IP such as trademarks, patents and copyright. A design that is also a key branding element might benefit from both design and trademark protection. If the design plays a technical role , patent protection could be appropriate. Copyright protection can complement design rights if a design has creative aspects that could be independently protected. For further information, see our articles on trademark law, patent law and copyright law.
If you have any questions regarding the above, or if you have other concerns related to intellectual property regulation in the UK, do not hesitate to get in touch. We offer a FREE 30-minute consultation, so email us today to see what First Steps can do for you and your business!
