Understanding Design Protection in the UK
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. These designs required creativity and investment, making it crucial for their owners to protect them from imitation or misuse.
In the UK, businesses can protect their designs using two key forms of legal protection:
While both serve to protect novel designs, they cater to to different business needs and offer varying levels of security and enforcement power.
What Is a UK Registered Design?
A UK Registered Design is a monopoly right, meaning the rightful owner can stop anyone from using their design without permission, even if they independently created it without an outright intention of copying.
Benefits of UK Registered Design
- Exclusive rights for up to 25 years (renewed every 5 years)
- Easier to take legal action against potential infringers.
- Covers 2D and 3D designs
- Acts as a deterrent to potential copycats
Who Needs a Registered Design?
Registering your design if essential if you are a company whose designs are an important part of their company, and will be used for years to come.
How to Register a UK Design?
To obtain a UK Registered Design, you must file an application with the UK Intellectual Property Office (UKIPO) and pay the fees.
What Are UK Unregistered Design Rights (UDR)?
Unlike Registered Designs, UK Unregistered Design Rights (UDR) arise automatically upon creating, with no need for a formal application.
Limitations of Unregistered Design Rights
- Shorter protection period (10-15 years)
- Only covers 3D Designs (not surface patterns or ornamentation)
- Harder to enforce legally, as proof of copying is required
- Not as attractive and hence less lucrative in terms of licensing/assigning rights
When is UDR a Good Option?
Unregistered Design Rights may be sufficient in industries where products have a short life cycle, such as:
- Clothing and accessories
- Frequently updated tech gadgets
- Car part replacements
UK Registered Designs vs. UK Unregistered Designs: 101
| 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 (UKIPO) and fee is paid. | Automatic protection when a qualifying design is: 1) recorded in a design document, or 2) embodied in a product. |
| What is protected: | The appearance of the whole or part of a product, including lines, contours, colours, shape, texture, material and ornamentation. Covers both 2D and 3D designs. | The shape or configuration (internal or external) of the whole or part of an article. Only covers 3D designs- surface decoration is not protected. |
| What is not protected: | Computer programs, functional features, designs dictated by the need to interconnect with another product (unless modular), National symbols (e.g., Royal Arms, Olympic Rings, designs contrary to public policy/morality. |
Surface decoration, “must-fit” and “must-match” designs (features needed to connect products or match another article), trivial details (e.g., a minor part of a part), methods or principles of construction.
|
| Originality/novelty requirement: | Must be new (not identical to existing designs). Must have ‘individual character’ – creating a different overall impression on an informed user. | Must be original (not copied). Cannot be ‘commonplace’ in the UK, EU, or other qualifying countries. |
| 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. (Subject to licence of right in the last five years). |
| Protection Scope: | No requirement to produce evidence that right exists – infringement is presumed. It is enforced quickly and at lower cost. Monopoly right registration acts as a deterrent to potential infringers. |
No presumption that the right exists so it is the owner’s heavy burden to provide evidence. Less likely to act as a deterrent to potential infringers as no searchable register. |
Which Design Right Should You Choose?
Choosing between Registered Designs and Unregistered Designs in the UK largely depends on your business needs and priorities.
- If your business depends on design innovation (e.g., unique crystal vases), Registered Designs offer the best long-term security.
- If you create fast-moving consumer goods (e.g., fast-fashion clothing articles), UDR may be more practical due to its automatic nature.
When Are Design Rights Not Enough?
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.
Choosing the Right Design Protection
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 and competitive edge remain intact.
If you need advice on designs, please contact us to discuss any design filings or infringement.
