Designs

Original designs for the shapes of three-dimensional products are protected under UK law by design right, rather than copyright. Design right does not protect surface decoration, construction principles, or features necessary for a product to fit to or match another one, such as some spare parts. Design right comes into existence automatically when a design document or model is created. It lasts until 15 years from the end of the year in which the design was created or 10 years from the end of the year in which the article was first marketed, whichever is shorter. During the last 5 years of protection, others may use the design, provided they pay you a reasonable royalty.

Design right is infringed when a person reproduces the whole or a substantial part of a work. But it is necessary to demonstrate that the design was actually copied.

The EU also provides automatic, short-term protection for designs that would qualify for registration, including two-dimensional designs. The protection lasts for 3 years from the date the design is first made available to the public. The UK gives similar protection (so-called ‘supplementary design right’), but it only applies if the first public disclosure of the design took place in the UK.

We recommend maintaining thorough records of when a design was created and when it was first made available to the public.

Unlike copyright or design right, a registered design grants a true monopoly: anyone who makes, imports, sells or uses a product with the same or a similar design infringes the registered design, regardless of whether they copied the design or created it independently. You also receive a registration number that can be displayed on the product to deter copying.

An application for a UK registered design must be filed at the UK Intellectual Property Office (IPO).

An application for an EU registered design must be filed at the European Union Intellectual Property Office (EUIPO), which also handles EU trade mark applications. A registered EU design is effective throughout all member countries of the EU.

Another option is to apply for an international design registration under a system called the ‘Hague Agreement’.

We can advise on the best filing strategy based on the countries where you want to obtain protection.

The IPO and EUIPO do not conduct searches for similar earlier designs, making the registration process extremely quick: just a few days for an EU registered design.

The cost of filing a design application depends on the number of designs included in the application and the number of countries where protection is required. We are happy to provide guidance on the best option for you, including a free estimate of the total cost.

A design is initially registered for 5 years and can be renewed for further 5-year periods, up to a total of 25 years.