Design protection for a product’s appearance in the United Kingdom is available in two distinct forms: register design and unregistered designs. While both afford protection, they differ significantly in scope, duration, and enforceability. Understanding these distinctions is crucial for businesses seeking the right level of protection for their products.
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What is a Registered Design?
A registered design in the UK protects the appearance of a product, including its shape, patterns, colors, and materials. If registered with the UK Intellectual Property Office (IPO), the design owner has exclusive rights to use the design for commercial purposes. Key Features of Registered Designs:
- Scope: Protects the aesthetic appearance of a product, including shape, lines, contours, colors, and texture.
- Length of Protection: Lasts up to 25 years, subject to renewal every five years.
- Geographical Protection: Covers the UK and can be extended internationally through applications such as the Hague Agreement.
- Enforcement: The owner can take immediate legal action against infringers. Registered designs offer stronger and more straightforward enforcement compared to unregistered designs.
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What is an Unregistered Design?
An unregistered design arises automatically once a design is created and made public. It prevents the copying of the design but offers more limited protection compared to a registered design. Key Features include:
- Scope: Protects the shape and configuration (3D aspects) of a design but excludes surface decoration and other 2D elements. It applies only to designs that are not commonplace in the relevant industry.
- Duration: Lasts for up to 10 years from when the design was first sold or 15 years from creation (whichever is earlier). The final five years are subject to a licence of right, allowing others to use the design for a fee.
- Automatic: Comes into effect automatically when the design is made public; no registration is required.
- Geographical Protection: Covers the UK and may extend to the EU under the UK Unregistered Design Right (UK UDR) and Supplementary Unregistered Design Right (SUDR).
- Enforcement: Proving infringement is more difficult as it requires evidence of copying, not just similarity.
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Key Differences Between Registered and Unregistered Designs
| Aspect | Registered Design | Unregistered Design |
| Scope of Protection | Protects both 2D and 3D appearance elements, including shape, pattern, and colour | Only protects the 3D shape and configuration |
| Duration of Protection | Up to 25 years with renewal | Up to 10 years (UK), with the final 5 being subject to licensing |
| Geographical Coverage | Covers the UK and/or internationally if extended | UK (UK UDR), limited protection in the EU (SUDR) |
| Enforcement Ease | Easier to enforce in court due to formal registration | Harder to enforce; proof of copying is required |
| Cost | Requires a filing fee (starting at £50) | Free and automatic |
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Which One Should You Choose?
- Registered Designs: Best for businesses looking for long-term protection of their products’ visual appearance, particularly in competitive sectors such as fashion, electronics, and furniture. They provide a clear legal pathway for enforcement and are easier to defend in cases of infringement.
- Unregistered Designs: More suitable for industries with short product lifecycles, like seasonal fashion, where immediate but short-term protection suffices. However, the difficulty in enforcement makes them less ideal for long-term strategies.
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Enforcement and Legal Support
Whether your design is registered or unregistered, enforcing your rights can be complex, particularly in cases of infringement. Professional solicitors Firms help in both design registration and infringement cases, providing advice and representation on the best protection strategy for your designs. They can help register your designs, advise on the rights of unregistered designs, and provide legal support in enforcing your rights.