to improve visual quality of goods and products being manufactured
led to UK parliament introducing a registered design system in 1839.
Designs The registration of
a design provides a monopoly right for the appearance of the whole
or a part of a product resulting from the features of, in particular,
the: lines; contours; colours; shape; texture; materials; of the
product or its ornamentation. It protects the shape of appearance
of an object from unauthorised use or copying. Protection under
a design registration is concerned with what an article looks like
not how it functions. . For a valid registration the design must
be new and not similar to any existing design which is already in
the public domain.
Right Design right applies
to original designs for the shape or configuration of products.
Design right is not a monopoly right like a design registration
but a right to prevent copying, and lasts until 10 years after first
marketing products made to the design, subject to an overall limit
of 15 years from creation of the design. The design must be the
shape or configuration. Two-dimensional designs, such as textile
or wallpaper designs, do not qualify, although they may qualify
for copyright and possibly registered design protection. The design
must not be commonplace, so well-known, ordinary, routine designs
will not acquire design right. Design right is like copyright in
that the protection arises automatically when the design is created.
You do not have to apply to register design right. However it would
be wise to keep evidence of when the design was first recorded in
material form and when products made to the design were first made
available for sale or hire. This information would be essential
if someone challenges rights in the design or if someone is infringing
a design right and court action is intended.
from £300 for a UK registration, contact us for other countries.