FAQ's on designs


What is a design

A design is the visual appearance of a product or part thereof. Designs can be the surface decoration, ornamentation, shape or pattern of an article, for example.

 

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Who has the rights to a design

As is the case with copyright, the designer is deemed to be the owner of the design. Exceptions are those designs made while employed by a third party or a commissioned by a third party. In that case the employer or party commissioning the design is usually considered to be the designer.

 

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What is a registered design?
To be registered, a design must be new and have individual character. A registration gives you exclusive rights to the look and appearance of your product, to prevent third parties trying to exploit your design.

 

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Are unregistered designs protected?

Unregistered designs do enjoy some protection in the UK and the European Union. Most specifically, unregistered designs enjoy protection against copying of a design. The design does need to be new though and have its own individual character.

 

In the European Union, protection of an unregistered design right is three years from the date the design is first disclosed or made available to the public. In the UK, unregistered design rights are protected for ten years from the date of introduction on the market but in the last five years anyone is entitled to obtain a licence to use the design upon payment of appropriate royalties, called a Licence of Right.

 

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What is the novelty requirement?

The registered design must be new; in other words, no other, prior, identical, designs should have been made available to the public.

 

Designs are considered identical if they only differ slightly. In the UK, an application for design registration can be filed within a period of one year after it's been disclosed to the public (grace period). Not all countries have such a grace period and so if you are intending to market your product outside of the UK, consideration should be given to filing appropriate applications before you disclose your design, even in the UK.

 

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What is meant by individual character?
For a design to have individual character, the general appearance of the design must differ from the general appearance of other designs already available to the public.

 

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Why register a design?

A design registration, as opposed to an unregistered design, gives you the exclusive right to use and exploit articles made to the design. Unlike unregistered design right, there is no need to prove copying to invoke the protection.

 

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How long does the protection of the design last?
A UK registration is initially valid for five years and can be renewed for subsequent periods of five years up to a maximum of 25 years.

 

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How can I protect my design internationally?
Each country has its own laws governing design registration. For protection outside the UK, the design owner should register the design in each of the countries where protection is required. However, it is also possible, as is the case with trade mark registration, to apply for protection for the whole of the European Union with a single application through the European Design registration. Novagraaf can assist you with your UK and European design registrations. We can also assist you in obtaining registration of your design nationally in other countries through our global network of associates.

 

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Can design rights exist along other rights?
Yes, in many cases a design may also be the subject of copyright and/or trade mark rights.

 

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