Registered Designs - Grace Period
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5 August 2009
A registered design application can be defeated if the design
for which protection is sought is not new. A design will be deemed to be not new
if it has been disclosed to the public. However the Registered Design Act 1949
allows for a 12 month grace period during which the design may be disclosed to
It is therefore vital that all designers make a clear and
evidenced note as to when the design was released to the public.
The purpose of such a provision is to allow designers the
opportunity to field their design and gauge reaction before deciding whether to
protect the design. This encourages innovation and as designers are more likely
to launch a product knowing that if it is successful it can be protected.
About the Author
Lawdit 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 Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-08-13 00:33:47 in Legal Articles