Registered Design Rights
There are two types of Registered Design Rights that can be enforced in the United Kingdom; UK Registered Designs and EU Community Designs. Discover more about each below.
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There are two types of Registered Design Rights that can be enforced in the United Kingdom; UK Registered Designs and EU Community Designs.
Regardless of which type, there are three legal conditions required to establish a Registered Design Right. Firstly the design must be novel i.e. new. Secondly, the design must be of individual character. Finally, the design must not be excluded under legislation.
Such exclusions may be where the design is: dictated solely by technical function; not in line with public policy or morality; or subsists in features necessary so that it can connect to another product(s). Design registrations may be invalidated where these conditions are not complied with. However, there is no procedure to oppose design registrations.
In essence, Registered Design Rights protect the appearance of “new” consumer items, and can include logos or characters associated with the same in terms of being part of the “get-up” of such items. Accordingly, it is common place to apply for the same in addition to a Registered Trade Mark. In the past it has been utilised to protect jewellery, clothing, furniture, musical instruments, and the packaging and presentation of goods.
Once a design has been established, it is required to be registered. The protection awarded by a registered right is preventing others from using the design by granting an exclusive right. UK Registered Design Rights can be obtained via an application process through the United Kingdom Intellectual Property Office. To protect designs throughout the European Community, an application for a Registered Community Design can be made to the Office for Harmonisation in the Internal Market for a Community Design, this Office being based in Alicante, Spain.
The application process in both circumstances generally takes 3 months, and a successful application runs for 5 years from the filing date. Hereafter, the right must be renewed after every subsequent 5 year period until 25 years of protection is secured. 25 years is the maximum total for protection. Such protection gives the applicant the exclusive right to use the designs and any design which “does not produce on the informed user a different overall impression” in the United Kingdom and the European Community respectively.
Registered Designs can also be protected in the United Kingdom by designating the EU in front of the World Intellectual Property Organisation through filing an International Registration.
The following remedies are available where Registered Designs are infringed:
- injunctions;
- costs;
- provision of information (as to extent of dealings, suppliers and customers);
- damages (most common remedy sought); and
- delivery up/destruction.
Business need to not only ensure that their rights are protected, but also ensure that they are not infringing the rights of others.
Frequently Asked Questions about Intellectual Property Law
What are registered design rights and what do they cover?
Registered design rights protect the visual appearance of a product, including its shape, configuration, or decoration. They give the owner exclusive rights to use the design and to prevent others from using it without permission.
Why should I apply for registered design rights?
Registering your design rights provides legal protection against unauthorized use of your design. It helps to prevent competitors from copying or imitating your product’s design, thereby giving you a competitive edge in the market.
What is the registration process for design rights?
To register a design right in the UK, you need to apply to the Intellectual Property Office (IPO). The process involves providing details about the design, such as drawings or photographs, and paying a fee.
How long does it take to register my design rights?
The registration process can take up to a few months, depending on the complexity of the design and whether any objections are raised during the examination process.
Can I register a product based on a design I have seen elsewhere?
No, registered designs must be original and not an imitation of existing designs. If you copy another design, you may infringe upon someone else’s design rights.
When should I apply for registered design rights- before or after I launch my product?
It is advisable to apply for design rights before launching your product. This ensures that your design is protected from the start, preventing others from copying it once it’s on the market.
How do I enforce my design rights if someone uses it without my permission?
If you believe someone is infringing your design rights, you can take legal action against them. This might involve sending a cease and desist letter, negotiating a licensing agreement, or filing a lawsuit. Franklins Solicitors can provide advice and representation in such cases.
Do I need to renew my design rights registration?
Yes, registered design rights in the UK last for an initial period of 5 years, after which they can be renewed up to four times, for a maximum duration of 25 years.
