Design registration in the UK and Europe

Registration of a design can protect the appearance of the whole or part of a product and
in particular protect the features of shape, configuration, pattern, lines, contours, colours,
texture, materials or ornamentation of a new design. To be validly registered, a design
must be new, to the extent that the identical design or one differing only in immaterial
details has not previously been made available to the public. A design must also have
individual character, in that it must produce a different overall impression from designs
which are already known.

Excluded from protection through registration are

a. features of appearance which are dictated solely by the technical function which the
product has to perform (for example, a cog of a car transmission system); and

b. except in modular systems, features of shape or configuration which must match those
of another product in order for either product to perform its function.

Unlike patents, designs in the UK and Europe may take advantage of a 12-month grace
period. This allows a designer to test the market with their new design and provided they
file an application for registration within 12 months of the disclosure, the disclosure does
not invalidate the registration. However, it is important to note that the registration would
be invalid if a third party independently filed an application for a similar design during the
period of grace. Moreover, not all countries have a grace period, so it is advisable to file
before disclosure if possible.

Once registered, registration lasts for 5 years form the date of application. It is renewable
for a further 20 years in a 5 year stages. A registered design is an absolute monopoly.
Therefore, if a competitor manufactures an article which appears similar or the same as
your registered design, after you have filed it, they will still infringe, even if they have not
actually copied your design.

Unregistered design right in the UK and Europe

Unregistered design right in the UK and Europe is broadly similar to registered designs,
but with certain important exceptions:

1. Unregistered design right is NOT a monopoly right: independent production of an
identical design will not infringe your unregistered design right; to prove infringement, it is
necessary to prove that the design is copied.

2. Protection is automatic (subject to certain provisions about where the design is disclosed
and by whom)

3. The duration of protection is shorter; just three years in continental Europe and in the
UK the full protection may only last 5 years from when articles are made according to the
design (although a degree of protection can last up to 15 years from when the design is
first recorded in a design document).

Please contact us for further information.