fSummary
- In the UK, design rights protect the visual appearance of a product and exist in two forms: unregistered rights (arising automatically, lasting up to 15 years, but requiring proof of direct copying to enforce) and registered rights (requiring an IPO application, lasting up to 25 years, and protecting against independent creation of a similar design without needing to prove copying).
- Copyright arises automatically for original creative works including drawings, digital artwork, video content, and audiovisual works, giving the owner the exclusive right to prevent others from replicating or using the work without permission; both design rights and copyright can be licensed to generate additional income while retaining ownership.
- For creative businesses whose designs have significant commercial value, registering design rights provides considerably stronger and more enforceable protection than relying on unregistered rights alone.
- This article is a plain-English guide to design rights and copyright for UK creative businesses, prepared by LegalVision, a commercial law firm.
- LegalVision specialises in advising clients on intellectual property and brand protection matters.
Tips for Businesses
Register your designs with the IPO where they have commercial value – do not rely solely on unregistered rights, as you will need to prove direct copying to enforce them. Record the date of creation for all original works to establish copyright ownership if challenged. If licensing your IP, have a formal licence agreement drafted to protect your rights and set clear terms of use. Consider international protection early if you plan to distribute products overseas.
If you are an artist or in the creative industry, it is important to understand how specific types of intellectual property (IP) can benefit you. Design rights and copyright are both important types of IP rights that can protect your business and offer you greater legal rights. This article will discuss the benefits of design rights and copyright for creative businesses in the UK and how they may benefit your brand.
What Are Design Rights and Copyright?
Design rights are a type of intellectual property that protects the designs of your products and ensures your business holds complete exclusivity over their usage. Design rights protect the visual appearance of a product rather than any functional aspect. They can exist as unregistered designs and registered designs. Still, it is strongly advised to register your design rights to gain greater legal rights over preventing a competitor from copying your designs without your consent.
Unregistered vs Registered Design Rights
In the UK, design rights can exist in two forms:
- unregistered; and
- registered.
Unregistered design rights arise automatically when you create an original design, with no application or fee required. However, they only protect against direct copying, meaning you must prove a competitor deliberately replicated your design rather than arriving at a similar one independently. Unregistered rights last up to 15 years from when the design was first recorded, or 10 years from first commercial sale, whichever is shorter.
Registered design rights require a formal application to the IPO and attract a fee. Registration protects the overall visual appearance of a product, including its shape, colour, texture, and ornamentation. Importantly, registered rights protect against independent creation of a similar design, so you do not need to prove copying. Protection lasts five years and can be renewed in five-year increments for up to 25 years.
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Advantages of Design Rights for Businesses
If you are an artist, design rights may be a highly beneficial type of intellectual property to own. They help you guarantee exclusivity, meaning your business will be the only one able to use your design. It also enables you to take action against competitors who attempt to sell your product designs without consent. Therefore, design rights provide you with legal protection around your products and enable you to market your business as the sole provider of the registered design.
Registered design rights also provide a huge financial advantage. Design rights are intangible assets that you can license to other organisations. This means you can allow other businesses to use your registered design in exchange for a fee. There are benefits to this, as it will enable you to:
- gain additional income from your intellectual property;
- expand your geographical reach;
- expand your consumer reach;
- grow your brand.
Licensing can be attractive, particularly when it is difficult to distribute your products in other countries. You should consider drafting a licence agreement with a qualified intellectual property lawyer.
Advantages of Copyright
Any business can also benefit from copyright. Copyright will apply to many types of original works relating to the development and marketing of your products, including:
- drawings;
- digital artwork;
- recordings related to your product;
- video content relating to your product; and
- audiovisual work.
This is only a small list of the different types of work that benefit from automatic copyright protection.
Copyright is beneficial because it protects the work as your own and gives you legal rights to prevent others from replicating it. Copyright protection gives you legal rights to stop others from using your work without permission. If you find another business is using your copyright without consent, you should contact an intellectual property specialist for advice on your rights and options.
In the same way as design rights, you can license your copyright and choose how others can use your work. This can provide you with additional income and also allow you to maintain control over your work while still maintaining ownership.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Design rights and copyright are two types of intellectual property that can benefit creative businesses. Design rights protect the visual appearance of a product, and copyright protects the exclusivity of a piece of creative or artistic work. Unregistered design rights arise automatically, but registering your design with the IPO provides significantly stronger protection by removing the need to prove copying and extending the duration of your rights to up to 25 years. While there are different types of IP rights, they do overlap in terms of protecting and equipping businesses with rights to challenge others if their IP rights are infringed.
For more information about design rights or copyright, LegalVision provides ongoing legal support for all businesses through our fixed-fee legal membership. Our experienced intellectual property lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Do I need to register my design to get protection in the UK?
No. Unregistered design rights arise automatically in the UK and protect the shape and configuration of an original design for up to 15 years. However, registered designs offer stronger, broader protection and are easier to enforce, so registration is generally advisable where commercially practical.
Can I protect my design rights and copyright internationally?
Copyright protection is largely automatic across countries that are signatories to the Berne Convention, which includes most of the world. Design rights, however, are territorial, so you would need to apply for registered protection in each jurisdiction where you want coverage, or use the Hague System for international design registration.
Can I license my design rights or copyright to other businesses?
Yes. Both design rights and copyright can be licensed to other organisations in exchange for a fee. Licensing can generate additional income, expand your geographical and consumer reach, and grow your brand, particularly where direct distribution is difficult.
How long do registered design rights last in the UK?
Registered design rights last five years from the date of registration and can be renewed in five-year increments for a maximum protection period of 25 years.
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