I have a design I like to register - Help
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I have a design which I want to protect – help!
Well thanks for the question. What we are discussing here is
Intellectual Property Rights ( ‘IPR’). The IPRs can be classed in to
two categories a. Registered Rights, ie Patents, Registered Trade Marks
and Registered Designs and b. Unregistered rights namely copyrights,
designs, know how and confidence.
UK registered designs
1. The law of registered designs is regulated by the
regime laid down in the Registered Designs Act 1949 (RDA) as amended by
the Copyright Designs and Patents Act 1988 (CDPA); the Registered
Design Regulations (2001) together with the Registered Design
2. Under the design regime it is therefore possible
for a designer to register and obtain a right in their designs thereby
granting the registrant a monopoly right in the same which entitles the
registrant to prevent others from copying and exploiting his works.
3. Most commentators argue that that the registration
system has its shortcomings. There is a stream of authority which
points towards the costs element of the regime and the impracticality
of going through the process of registration for each and every sketch,
draft, design drawing, prototype, and final item produced.
4. The purpose of the UK registered design right is
to protect the appearance of the whole or part of an item, and in
particular the lines, contours, colours, shape, texture or materials of
the product or its ornamentation.
5. For a design to be registrable in the UK the
(i) Comprise an aspect of shape or configuration but
not be a design for surface decoration.
(ii) Be original. (The reader should note that the
assessment of originality is an assessment of the design as a whole and
so it is possible to merge existing designs to give an original which
significantly differs from existing designs).
6. Once the UK design right is obtained the right can
last for a maximum of 25 years.
EU registered designs
7. It is also possible to obtain protection in the
form of an EU wide registered design. This gives the EU design right an
advantage over the UK registered design right which only affords
protection in the UK.
Are my designs registrable in the EU?
8. EU registered designs must:
(i) Be new. In other words there must not be an
identical design that has been made available to the public.
(ii) Have individual character. The degree of freedom
of the author in creating the design is taken into consideration.
Designs are deemed to be identical if their features differ only in
9. Once protection has been granted it can last for
up to 25 years.
Written by Michael Coyle
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
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Article Published/Sorted/Amended on Scopulus 2014-08-07 09:01:40 in Legal Articles