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If you are a business in the UK with a design you want to protect, you must know how to protect your design legally. Interestingly, you can automatically protect designs in the UK, even if they are unregistered. This article will discuss how to protect your design in the UK.
Registered Design Rights
To fully protect a design, you need to apply to register it as intellectual property with the Intellectual Property Office. Doing so will stop other businesses from stealing your design as a whole or individual element, including its shape, appearance, and design configuration. Registration does not, however, protect the functionality of a design.
Successfully registering a design with the Intellectual Property Office gives you the right to prevent others from using it for up to 25 years. After that, however, you must renew your design registration every five years. This protection not only deters others from using your design but, in the event of infringement, registration enables any future legal action to be more straightforward.
Requirements for Registration
You must meet specific requirements to register a design successfully.
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Preparation of Illustrations
If your design meets the above criteria, you can prepare up to 12 illustrations for your application. These illustrations must also meet specific criteria to be accepted. They must:
- display the design on a plain background with no shadows or reflections;
- not include text or technical information;
- show one view of the design;
- display the design utilising photos, drawings or computer-aided design tools;
- all be of the same format, such as all photographs;
- not show more than one view/angle of the design; and
- not include any other object or shape than the design itself.
If you wish only to apply to register a particular part of an illustration, you can highlight this by circling parts of the illustration or adding one line of text. For example, you may wish only to register a colour or specific aspect of an illustration. You refer to this as a limitation.
Application for Registration
Registering a design is a straightforward, cost-effective solution to protect intellectual property. Depending on the number of designs you wish to register, an application will range between £50-£150. You can apply online or by post, and the Intellectual Property Office will examine it within eight weeks.
There can be objections raised by the Intellectual Property Office, which you must respond to within two months. You also have an opportunity to request a hearing if you feel that there was some unfairness or disagree with a decision. However, you can register your design immediately if there are no objections.
Protection of Unregistered Designs
In the UK, a design is automatically protected without registration. For example, this may include a:
- shape;
- configuration; or
- appearance.
This automatic protection is beneficial if you are unaware of the registration process or do not want to register. The appearance of your unregistered design will be protected for three years from the date you release it to the public. In addition, the shape and configuration of your design are automatically protected for 10 years after you first sold it to someone else or 15 years after you created it.
However, fewer protections are associated with unregistered designs as you are limited to preventing others from copying your design. In contrast, with a registered design, you have exclusive rights and complete control over it.
Registered Designs vs Unregistered Design Rights
The most significant difference between the two types of design rights is the level at which you have protection. To enforce your protection rights with an unregistered design, you will need to:
- prove that the other party directly copied it;
- present evidence that you actually created it; and
- prove you are the owner.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
You can legally protect your design by registering them or as an unregistered design. Your designs will automatically receive limited protection when they are made public. However, if you wish to extend the protections, you must register the design with the Intellectual Property Office and pay a fee.
If you need help understanding design rights, 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
Your design has protection for 25 years. However, there is a requirement to renew your registration every five years.
If you wish to leave your design unregistered, you do not have to pay to have the protection provided by this, as it is automatic. If, however, you wish to register your design, depending on the number of designs you want to register, it costs between £50-£150 in the UK. You can register up to 50 designs, so the cost can vary.
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