to improve visual quality of goods and products being manufactured
led to UK parliament introducing a registered design system in
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.