Registered Designs
Protecting Innovation Through Registered Design Rights
In the UK a registered design is a legal monopolistic right secured from the UK Intellectual Property Office (UKIPO) that protects the appearance of a product. The ‘protection’ covers the visual feature of a design - this may include the shape, configuration, contour, texture or even, ornamentation.
The key point of a registered design is to protect the aesthetics of the product rather than how the product works. The mechanics of a product’s operation is covered by a patent.
If the product is capable of securing registered design protection, the registered protection is afforded for a period of up to 25 years albeit the renewal for the registered design applies every 5 years. However, it is limited to a maximum of 4 renewals.
As with trade marks and patents, registered designs are territorial rights in that they only apply to the territory where the protection was applied for. Registered designs offer a greater level of protection to owners because it assists in preventing competitors from using the design, even in circumstances where the competitors product was created independently and without any knowledge of the registered design.
Protection of the registered design is much easier than relying on unregistered design rights which relies heavily on copyright. As unregistered design only applies to exact examples of the design when dealing with infringement, whereas with a registered design the design registration certificate is sufficient evidence of the holder’s monopoly rights.
With a detailed understanding of intellectual property law and a strategic approach to enforcement, our lawyers are well-positioned to assist individuals and organisations in protecting and asserting their registered design rights.
For further information regarding Registered Designs, please see our Frequently Asked Questions.
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How do I secure Registered Design Rights?
To secure a registered design in the UK, the design must:
- Be new. It cannot be identical to any design that has been declared prior to the date of the application. There is a 12-month grace period following first disclosure;
- Have individual character. The overall impression produced by the design must provide a different overall impression to any other design that has been available publicly prior to the date of the application.
What are the legal exclusions for Registered Designs?
Excluded Requirements for Registered Designs:
- Designs that are dictated solely by their technical function are not capable of being registered.
- Designs that are contrary to public policy or morality (a similar provision exists for trade marks and patents).
- Designs that use flags that are reproduced without permission.
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