Design & Copyright - FAQs

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• 1. What is a design?

  • A design in the context of Intellectual Property is usually the shape or ornamentation applied to an article or, in other words, the external appearance of the article.  Designs can arise from the lines, contours, colours, shape and texture and can even be a graphic symbol.

• 2. What is a registered design?

  • A registered design gives an exclusive right to stop anybody else using a particular design.

• 3. How long does a registered design last?

  • It depends on the country in which the design has been registered but in the UK and in the European Union a registered design can last for 25 years subject to renewal fees being paid every 5 years.

• 4. When does an application for a registered design have to be filed?

  • Ideally the application should be filed before the design is made public. In the UK and the European Union there is a 12 month grace period for disclosures made by the designer but disclosures in this period can invalidate any corresponding filings in countries where there is no such grace period.

• 5. How long does registration take?

  • Provided the design drawings are of suitable quality, the design is usually registered within a few months. With UK and European Union design applications no novelty examination is conducted but for the registrations to be valid the design must differ from earlier designs by more than immaterial details.

• 6. What is Unregistered Design Right?

  • Unregistered Design Right (UDR) gives the owner the right to prevent copying of a design by other parties. This is different from registered designs which provide a monopoly right whereby it is not necessary to prove copying has taken place.

• 7. How long does UDR last?

  • Generally, in the UK, UDR lasts for 10 years from the end of the year in which the design was first marketed. However, it can be 15 years if the design was not marketed within the first five years after the design was first recorded in a design document. In the European Union, UDR lasts only for 3 years from when the design is made public in the European Union.

• 8. How is UDR obtained?

  • There is no formal procedure but UK UDR comes into existence when the design is created and recorded in a design document. In the European Union, UDR exists when the design is first made public.

• 9. What is Copyright?

  • Copyright is the legal right to prevent copying of original works such as literary, musical, artistic and dramatic works, films, photographs and software. Copyright comes into existence automatically in the UK when an original work is created and in the UK there is no formal process for registering copyright. UDR can be likened in some ways to copyright protection but specifically for designs.