Designs

Registered Designs

Registered Designs may be protected by registration under the Registered Designs Act 1949.

A design, to be registrable, must relate to the appearance of the product; that is to say the features of shape or configuration which have an appeal to the eye. Designs which are solely dictated by their function are not registrable although the fact that aspects are functional will not generally preclude the registration of the design in relation to those features which do have such an appeal. The designs may be in 2 or 3 dimensions.

Registration gives the owner of the design a right to protect his design from copying for a period of 25 years subject to renewal fees being paid every 5 years.

Unregistered Designs

Unregistered designs are protected under Part II of the Copyright Designs and Patents Act 1988.

This form of protection is similar to copyright protection in that a party claiming that his/her design has been replicated has to prove that the design was copied. This copying may have been direct (e.g. by copying design drawings) or indirect (e.g. by copying a product made according to the design). Copying may also be inferred if the similarities between the items being compared are overwhelming.

Unregistered design right subsists for a period of 15 years from the date of the underlying “design document” (usually a drawing of the product concerned) or 10 years from the date a product according to the design was first placed on the market. The last 5 years of the life of the design protection afforded by the Act is a period in which licences must be granted to applicants who wish to use the design subject however to the payment of a royalty. This may either be agreed between the parties or if not agreed may be determined by the Comptroller of Patents or the Court.

You can contact Rowlands via email or call 0845 230 3980 to arrange a consultation with a Rowlands Intellectual Property specialist.