Registered Designs & Design Right
Registered Designs are rights which protect aspects of shape, configuration, pattern or ornament applied to an article by an industrial process. A Registered Design does not protect the function of a product. Where possible any new Registered Design applications should be filed for the overall appearance of a product, although selected parts of a design can also be protected separately.
Registered Design protection in the UK (and many other territories) can be kept in force for up to 25 years from the filing date.
UK Registered Designs and EU Community Registered Designs can be filed up to 12 months after the design is first disclosed. However, this is not so in all countries, therefore it is important to consider Registered Design protection before your design is disclosed. It is also prudent to seek registered design protection as soon as the design is finalised in order to reduce the chance of someone else independently coming up with the same design.
ipconsult can assist with seeking Registered Design rights overseas.
As you are no doubt aware the UK is leaving the EU. At present we are not aware of what the transitional provisions will be for people holding EU Community Registered Designs that designate the UK. Although the intention appears to be to maintain like rights, there are no guarantees that this will be the case. Therefore, as a failsafe option you may wish to consider filing both EU and UK Registered Design applications and we offer a discount in our charges if you decide to proceed in this way.
In the UK and EU some automatic rights exist for designs and you may be able to use these rights to stop someone copying your design. However, Design Right is a more limited form of protection. The term of protection is much less, and to enforce your rights you must be able to provide proof that copying has occurred. We can help you consider which IP rights will be most appropriate for your project.
Please contact us for further information on how we may be able to assist with registering your design.