Designs
In the UK designs are protected by three legal rights;
- registered designs
- unregistered design right
- copyright
Design registration gives the owner a monopoly on their product design.
Additional to any design right or copyright protection that may exist automatically in the design.
Registered Designs
- The design of a product can be synonymous with the branding and image of a company
- It can become an asset with a monetary value that could increase
- In the United Kingdom, a registered design:
- May deter a potential infringement
- Gives the right to take legal action against those who infringe upon the design
- Brings the exclusive right to make, offer, put on the market import, export, use or stock any product to which the design has been applied or to let others use the design under the terms agreed with the registered owner.
- Registering a design gives stronger protection than just relying on copyright.
Un-registered Design Right
- Design right applies to original, non-commonplace designs of the shape or configuration of articles.
- Prevents deliberate copying, not a monopoly right
- Lasts until 10 years after first marketing articles made to the design, subject to an overall limit of 15 years from creation of the design.
- Do not have to apply to register design right - unlike design registration
- A design right is a property that can be bought, sold or licensed