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. <\/p>\n\n\n\n
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. <\/p>\n\n\n\n
In contrast, copyright automatically exists when you create an artistic work, like a song, book or photograph<\/a>.<\/p>\n IP rights like design rights and copyright provide your business with exclusive rights over any new product or original design.<\/p>\n<\/div>\n\n\n\n In the UK, design rights can exist in two forms: <\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n For artists whose designs have significant commercial value, registration offers considerably stronger and more enforceable protection. While unregistered rights provide a useful safety net, they should not be relied upon as a substitute for registration where your design is central to your business.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nUnregistered vs Registered Design Rights<\/h2>\n\n\n\n
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