 | |
 | |
| |
| |
What is a Registered Design?
A Registered Design protects only the shape or appearance of a product. It gives its owner the exclusive right to the design of that product and it can be used to deter others from copying it, or stop them from continuing to do so, without consent. A Registered Design therefore offers designers an affordable and realistic means of obtaining protection against copying.
What products can be protected with a Registered Design?
Generally, any product having a distinctive appearance. If the look of your product is likely to make a person want to purchase it rather than another product that looks different but performs an identical function, then a Registered Design can and should be obtained for the design of your product.
Can I rely on Copyright or Unregistered Design Right to protect my designs?
Copyright protection is not available for the majority of designs as it is excluded by law.
Unregistered Design Right does subsist automatically on creation of a design. However, to enforce it successfully it is necessary to prove that someone has copied your design and this can be difficult, if not impossible. Also, the period of protection is much shorter than that available for Registered Designs.
What is the difference between a Registered Design and a Patent?
A Patent protects the way something actually works rather than its appearance. Therefore, the protection afforded by a patent is broader than that provided by a Registered Design. However, patents are much harder and more expensive to obtain as your invention must meet stringent requirements of novelty and inventive step. In any event, a Patent is not appropriate where protection is required only for the shape or the appearance of an article.
What are the benefits of obtaining a Registered Design?
You own a monopoly in your design. Your Registered Design gives you the right to take legal action to prevent other people exploiting a product identical or similar to that registered, without your consent.
You do not need to prove copying. You can use your Registered Design to prevent another person from producing a product that looks identical or similar to your own even if they have never even seen your product before.
You can indicate on the product and related literature or packaging the fact that a Registered Design has been obtained and the Registered Design number. This official notification acts as a worthwhile deterrent against potential copiers and demonstrates to others an intention to enforce your intellectual property rights.
What do I need to file a Registered Design?
Drawings or photographs of the design have to be filed at the UK Designs Registry, part of the UK Patent Office, a government body. Once registered, an official Certificate of Registration is issued.
When should I file a Registered Design?
A Registered Design application should be filed before the design has been made available to the public anywhere in the world. However, any disclosure by the designer during a 12 month grace period preceding the filing of an application is not considered to make the design available to the public and so an application may still be filed if the design has been disclosed and the grace period has not expired. However, it should be noted that the grace period only applies to disclosures made by the designer. If a third party discloses the same or similar design, which they have created independently, prior to the designer’s application date, then this disclosure will prevent registration even if it is made during the grace period. Therefore, our advice is to file an application as soon as possible and, preferably, before disclosing the design to the public.
How long does it take to get a Registered Design and how long does it last?
Registration usually takes 2-3 months. A registered design lasts for an initial period of five years. A renewal fee is then payable every five years up to a maximum of 25 years in total.
Is it possible to obtain corresponding protection abroad?
UK Registered Design affords its owner protection in the UK only. Corresponding protection can be obtained in other countries but applications in those countries must be filed within six months of the filing date of your UK application, particularly if you have disclosed your design in the meantime.
Is it possible to file a single application to obtain a single Registered Design covering the whole of the European Community?
A Community Design Regulation has introduced two new intellectual property rights, namely, an Unregistered Community Design Right and a Registered Community Design. The Unregistered Community Design Right subsists automatically on the creation of the design. However, as mentioned above, Unregistered Design Right only protects the owner against unauthorised copying and cannot be used to prevent a third party from using an independently created design. Furthermore, the period of protection is very short in comparison with a Registered Design.
The Registered Community Design came into force in 2003 and enables a designer to obtain a single Registered Design covering the whole of the European Community based on a single application. Please ask for our brochure “Community Design Protection - A guide to the new law” for more information.
Are there any other provisions that enable a designer to file a single Registered Design Application to obtain a single Registered Design covering multiple countries?
A system for the international registration of a design does exist under the Hague Agreement. This enables a national of one of the states party to the Agreement to obtain protection for their designs in all the contracting states by means of a single application. However, the United Kingdom is not a signatory to this Agreement. Therefore, United Kingdom nationals are unable to take advantage of its provisions.
