Designs play a pivotal role in setting businesses apart – think of the innovative product shape like the Dyson Supersonic Origin Hair Dryer or distinctive packaging of Pringles. Such designs had a lot of creativity, and investment put into them, which is why their owners do not want them to be compromised by imitation or misuse.
In the UK, businesses can rely on two key types of design protection—Registered Designs and Unregistered Designs. While both serve to protect novel designs, they have been made to offer protection to different needs and offer varying levels of security.
Once again, the two types of designs rights offered in the UK are:
- UK Registered Designs; and
UK Registered Designs
Registered designs offer the most protection, as they provide exclusive rights for your design. This makes it easier to take action against potential infringers, if need be. This type of long-term protection is essential for any type of company whose designs are an important part of their company, and will be used for years to come.
UK Unregistered Design Rights (UDR)
On the contrary, UDR offer an automatic protection without registration, meaning there is no additional work to be done. However, they are quite limited in scope, protecting only the shape and configuration, and their duration is often short, making them more difficult to enforce. This type of protection may be enough in industries where products have a much shorter life cycle.
The prime differences between the two are outlined below:
| Topic | Registered Designs | Unregistered Design Rights (UDR) |
| Relevant Legislation: | Registered Designs Act 1949 | Copyright, Designs and Patents Act 1988 |
| Protection Arises When: | An application is filed at the UK Intellectual Property Office and fee is paid. | The right arises automatically once qualifying designs have been recorded in a design document or an article has been made to the design. The designer (or employer) must be a ‘qualifying person’ or those first marketing of articles made to the design must be by a ‘qualifying person’ or take place in the UK/EU/a qualifying country. |
| What is protected: | The appearance of the whole/part of a product resulting from the features of the lines/contours, colours, shape, texture/material of the product itself and/or its ornamentation. | The shape or configuration (whether internal or external) of the whole/part of an article. |
| What is not protected: | Computer programs; designs contrary to public policy/morality; protected emblems; design features dictated by technical function; design features dictated by the need to interconnect with another product (unless part of a modular system). | Methods or principles of construction; surface decoration; features allowing an article to be connected to another article in order to perform its function (must fit); features dependent on the appearance of another article (must match); trivial details (part of a part); designs incorporating an Olympic symbol. |
| Originality/novelty requirement: | Designs need to (i) be new, i.e. no identical designs or designs differing in only immaterial details have been made available to the public, and (ii) have ‘individual character’, i.e. create a different overall impression on an ‘informed user’ to known designs. | Designs need to be original (not copied) and not ‘commonplace’ in qualifying countries (the UK, EU and countries with reciprocal arrangements with the UK). |
| Duration: | Up to 25 years from date of registration subject to renewal every five years. | 15 years from the end of the year in which the design was first recorded or made into an article or 10 years from the end of the year in which articles made to the design were first sold or leased anywhere in the world. NB: Subject to licence of right in the last five years. |
| Protection Scope: | No requirement to produce evidence that right exists. It is enforced quickly and at lower cost. Monopoly right registration acts as a deterrent to potential infringers. Rights are more appealing to potential licensees/assignees because of certainty of registration to generate more revenue. Covers 2D and 3D designs. | No presumption that the right exists so heavy evidential burden on the owner. Requirement to show copying to establish infringement. Less likely to act as a deterrent to potential infringers as no searchable register. Not as attractive and hence less lucrative in terms of licensing/assigning rights. Only covers 3D designs. |
Choosing between Registered Designs and Unregistered Designs in the UK largely depends on your business needs and priorities.
It is important to note that neither type of design protection covers the functional aspect of a design—this would require a patent. For example, if someone were to create a vase with a self-watering mechanism, they may falsely believe that design rights would provide sufficient protection for its distinct visual appearance. However, if the technology is what makes the vase unique, a patent is needed.
In such cases, if the aesthetic is equally important, the designer could file both a Patent and a Registered Design for more comprehensive protection. Alternatively, they could simply file a Patent and rely on Unregistered Design Rights for the visual aspects.
Registered Designs provide long-term protection and exclusivity, making them a better choice for businesses where their design is integral to their products. On the other hand, Unregistered Designs offer immediate, short-term coverage without the need for paperwork, which can be suitable for industries with fast-paced product cycles such as fashion.
By carefully assessing the scope, duration, and enforcement of these protections, businesses can ensure their creative efforts remain safeguarded and their competitive edge preserved.
If you need advice on designs, please contact us to discuss any design filings or infringement.
