Registered Designs
A registered design can be obtained to protect the appearance of a product, or a part of a product, resulting from its shape and configuration, including lines, contours and materials. A registration can also be obtained for pattern or ornamentation to be applied to a product.
The owner of a registered design is provided with a monopoly right to make, import and deal in products made to the design and is entitled to prevent copying of the design by third parties.
To be registrable, a design must satisfy certain criteria, for example, it must be materially different from any other published design for the same article. If a design has already been published an application for registration may still validly be filed during a grace period of 12 months after first publication.
Registered design protection covering the UK may be obtained either via a UK Registered Design application or a Community Design Registration (which covers all European Union states). Similar protection can be obtained in most industrialized countries.
UK and Community Registered Designs last for an initial period of five years from the application date. Protection is renewable for four further periods of five years, each on payment of a maintenance fee.
Our attorneys can assist you by advising on the registrability of designs, including what features of a design should be registered, prosecuting applications through to grant, in the UK, Europe and abroad and advising on post-grant issues, such as licensing and infringement.
Unregistered Design Right
Unregistered Design Right (UDR) is an unregistered right similar to copyright, providing automatic protection arising on creation of a design, and can co-exist with Registered Designs.
The right applies to original, non-commonplace designs and protects the shape or configuration of articles encompassing the design. It is not a monopoly right, but rather a right to prevent copying by others.
UK unregistered design right lasts for 10 years after the date on which articles made to the design are first marketed. An equivalent European right also exists, but lasts for only 3 years from the design being made available to the public.
Our team understands the vital part which is played by obtaining and maintaining valid patent protection and we can assist you in building a patent portfolio which fits within a long-term business strategy.