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If you are considering whether to register your design rights, reviewing the advantages of doing so is worthwhile, as registration increases the legal protection you receive. In this article, we will discuss the reasons why registering your design rights for a new product is advisable and the legal protection it provides.
What Are Design Rights?
Design rights protect the visual appearance of a product. Therefore, they are important if you have created an original design for products in your business. The different aspects that design rights protect partially or in full are:
- shapes;
- configuration;
- colours;
- texture; and
- material.
There is no legal requirement in England to register your design rights. Therefore, unregistered design rights can exist without limitation. To obtain automatic unregistered design rights, your work must be original and not widely acknowledged in the area you are designing within. However, there is a stark contrast between the levels of protection that you receive. In particular, registered design rights have stronger design protection.
Making Infringement Proceedings More Effective
Intellectual property infringement is common among designers, particularly concerning new and popular products. If you have designed a new product and expect it to be a success, you should register your design as quickly as possible to guarantee your exclusive rights.
If you register your design with the Intellectual Property Office, it makes it much easier to prove the design belongs to you.
Therefore, you possess exclusive rights over the usage from the moment your design rights have been registered. In contrast, where you have an unregistered design right, you must prove that you created the design first. This often requires a wealth of documentary evidence such as illustrations or dated photography.
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Length of Time You Receive Legal Protection
Unregistered and registered design rights also differ in terms of the amount of time they provide protection. For unregistered design rights, the appearance of a product will be protected for three years from when you first make your design public. The shape and configuration will be automatically protected for either 10 years after it has first been sold or 15 years after its creation, whichever ends soonest.
In contrast, if you registered your design, it will initially have protection for 5 years, and you will be able to renew it every 5 years for up to 25 years. This means you can hold exclusive rights to your design for 25 years in total, which is much greater legal protection than an unregistered version. Therefore, design registration with the Intellectual Property Office provides stronger protection against potential intellectual property infringement.
Registered Design Rights as a Deterrent Against Infringement
Intellectual property infringement occurs when a business uses your intellectual property without your consent. Therefore, if you have created a new product, registering your design is a stronger deterrent to demonstrate to competitors that you hold exclusive rights and are equipped to take legal action.
With unregistered rights, competitors will be aware that you will have to prove you created the design first. There is consequently a higher threshold to meet for protection.
Key Takeaways
If you are a business in England designing a new product, you should be aware of your design rights. Design rights protect the visual appearance of products, such as shape, colour, texture, and materials. You do not have to register your design rights in England as they will be granted automatically as unregistered design rights if your design is new and not commonplace. However, registered design rights are more effective due to the length of their duration and their ability to prove your ownership.
If you need help or advice around registering your 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
Both types of design rights offer protection. However, you can more easily prove your ownership with registered design rights, and they offer protection for longer than unregistered design rights.
With registered design rights, engaging in legal action is much more straightforward. You do not have to provide evidence of your ownership, as registration acts as the evidence you need.
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