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If you are a business owner with a new product, you may consider what kind of intellectual property protection you wish to utilise. This article explores copyright and design rights and how you can use each to protect your intellectual property.
What Are Design Rights and Copyright?
Design rights protect the appearance of a product, such as its:
- shape;
- materials; or
- details.
In contrast, copyright protects the owner of a creative piece of work and gives them exclusivity in using and distributing it for a limited time. While design rights tend to protect the appearance of the finalised product, copyright could protect its initial illustrations or sketches.
Intellectual Property Protections
Copyright
Your works are automatically protected by copyright. There is, therefore, no requirement to register or apply or even pay a fee for any protection. Copyright is often known as an author’s right as it most commonly protects the creative works of authors, artists, and musicians. The law has extended copyright protections to protect software, maps, and technical computer drawings.
Copyright protection varies depending on the type of creative work you seek to protect. The below table summarises the length of protection available for different types of work.
| Type of Work | Protection Offered |
| Written, dramatic, musical, and artistic work | 70 years after the composer’s death |
| The layout of written, dramatic, or musical works | 25 years from the publication date |
| Films | 70 years after the composer or author’s death |
| Broadcasts | 50 years from first broadcast |
| Sounds and musical recordings | 70 years from the publication date |
Unregistered Design Rights
Unregistered design rights are similar to copyright as they are automatic in nature and protect work from the time of its creation. These rights protect the work’s appearance, shape, and configuration. The appearance is protected within England and Wales for three years from the date your design is made public and includes the:
- shape;
- texture;
- materials; and
- colours.
The shape and configuration are protected for either ten years after the design was sold or 15 years after it was created, whichever ends first. However, you must consent to others using your design if they request to use it within the final five years.
Registered Design Rights
Registered design rights, in contrast, provide exclusive rights in the appearance of the whole or part of a design. These rights certainly provide greater protection over your design. However, your design must be both:
- individual in character; and
- new.
A registered design right provides 25 years of protection and exclusivity for your business to use the design. In contrast to unregistered design rights, once your registered design is reproduced by a third party without consent, it is straightforward to prove they have infringed your intellectual property rights. With unregistered design rights, you must prove it has been copied and when your design was created to prove ownership.
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Registering Your Design Rights
To successfully register your design, you must ensure your design is new and unique. This means it must be different to any design currently in the public domain. Registration for design rights has a lower cost and is usually quicker to process than other IP applications.
You can also defer your registration for up to 12 months if you need more time to develop your product. If you wish to do this, you can submit a deferred design registration form which costs £40. Applications can be made by post and online at the UK Intellectual Property Office’s website. You must include up to 12 illustrations of your design with a completed application form.
Key Takeaways
Design rights and copyright are exclusive intellectual property rights that have different levels of protection. While both apply automatically, you can register your design rights to further protect your work. Your design must meet certain strict requirements, particularly that it must be new and unique.
Once registered, your business gains an exclusive right over the design. Further, you gain a legal right to enforce your exclusivity. This means that if anyone attempts to use the registered design, even unintentionally, you can enforce your rights against them. There are also distinct differences in the length of time each is protected.
If you have any questions about protecting your intellectual property, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Copyright protection is automatic for artistic and creative work. Protection length completely depends on the type of work that is seeking to be protected but generally lasts between 25-70 years from either publishing the work or the death of the creator.
A standard application costs £50. However, costs vary dependent on the type of application you are submitting. For example, a deferred application costs only £40.
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