What are design rights?

Rights arise automatically in designs for articles, where any part of their shape or configuration, whether external or internal, is original and not commonplace. These are known as ‘unregistered design rights’ and are similar to copyright. They do not protect surface decorations though, so patterns, colour ways and other two dimensional embellishments will not qualify. This right is mainly about the form and shape of items.

‘Registered design right’ protects both two-and three dimensional designs, so patterns and decorations can be protected this way. To register a design it must be new and have individual character, so cannot be a copy or variation of an existing design. Designs of parts of items are only registrable if they are visible in normal use, so no matter how pretty, the hidden inner workings of an item will not be registrable (although they may attract unregistered rights).

How long do they last?

Unregistered design rights last for the shorter of 10 years from when the article was first exploited or 15 years from when the design was recorded.

Registered design lasts up to 25 years from registration (depending on renewal fees being paid)

Who owns the rights?

Unregistered

The designer is the default owner of this design right, except where the design was commissioned (in which case the commissioner owns it) or created by an employee in the course of his employment (in which case the employer owns it).

Registered

Only the owner of the design can apply for registration. As above, this is normally the designer except where it was the subject of a commission or created by an employee in the course of their employment.

As with most intellectual property rights, both kinds of design rights can be sold, assigned or licensed to third parties.

Infringement

Unregistered

A person infringes another’s design right if he copies the design, either by reproducing it or making articles to that design or substantially similar to it.

Registered

Any use of the design (or a similar design) without the owner’s consent is infringement, including putting articles made to the design on the market.

For further advice contact our team direct or talk to your usual contact in the firm