Design IP Rights

Design rights are a form of intellectual property protection that safeguards the visual design of objects that are not purely utilitarian.

They cover the lines, contours, colours, shape, texture, and materials of a product or its ornamentation. In the UK, there are two types of design rights:

1. Registered – registered design rights give you exclusive use of your design for up to 25 years, subject to renewal every 5 years
2. Unregistered – Unregistered design rights emerge automatically upon creation and offer shorter-term protection of 10 to 15 years, depending on the type of design.

To ensure your design is fully protected against imitation, speak with our expert intellectual property lawyers. Call us at 0207 459 4037 or book your Free Consultation using our online form.

Design rights can protect a wide variety of items, such as the three-dimensional shape of a car or the two-dimensional pattern on textiles. They can cover functional items like furniture, jewellery, and electronic devices, as well as non-functional ones, like graphic symbols and typographic typefaces. However, they must be unique and not common in your industry.

For an assessment of whether your design qualifies for design rights protection, our legal team is here to help.

Registering a design in the UK with the Intellectual Property Office (IPO) grants you a monopoly on the design for up to 25 years, provided you renew it every 5 years. This registration defends against unauthorised manufacturing, importing, selling, or using the design. It also enables you to take legal action against infringement, which can lead to injunctions or damages.

To discuss the registration process and the strategic benefits it offers for your design, please reach out to us. Contact our expert IP lawyers at 0207 459 4037 or complete our online form to schedule a Free Consultation.

Yes, you can protect your design internationally. To do so, you can apply for a Registered Community Design (RCD) in the European Union, which grants protection across all member states.

For broader coverage, the Hague System for the International Registration of Industrial Designs provides a centralised application process to protect your design in over 90 contracting parties. Securing international design protection can be complex, so it’s advisable to consult with an intellectual property lawyer who understands the nuances of international law.

To explore your options for international design protection, contact us on 0207 459 4037.

Registered design rights arise from a formal application and grant exclusive rights to use the design for up to 25 years, with renewals required every 5 years. They offer a broader scope of protection and can deter infringement since they are publicly recorded.

Unregistered design rights, on the other hand, are automatically granted upon creation of the design and offer protection for a shorter period, typically 10 to 15 years. They provide protection against direct copying but are harder to enforce due to the lack of formal registration.

For comprehensive legal advice on which type of design right is best suited for your needs, give us a call at 0207 459 4037 or book a Free Consultation using our online form.

In the UK, registered design rights last up to 25 years, with renewals required every 5 years to maintain protection. Unregistered design rights last either 10 years after the first marketing of products that incorporate the design or 15 years after the creation of the design, whichever is earlier; however, the last 5 years of this term are subject to a licence of right. This means others can apply to use the design non-exclusively upon payment of a fee.

For assistance with securing and renewing your design rights, and for an evaluation of your specific situation, please contact our expert legal team.

Infringement of your design rights occurs when a third party makes, sells, or imports products that feature a design which does not produce a different overall impression on an informed user, compared to your protected design, without your consent. For registered designs, infringement can also occur if someone uses a design that is too similar to yours in the course of trade. It is critical to establish that the alleged infringer has accessed your design and copied it—directly or indirectly—for infringement to be recognised.

If you suspect an infringement of your design rights, please reach out to us on 0207 459 4037 or schedule a Free Consultation through our booking form. We can provide you with the legal advice and support you need to protect your creative assets.

There are several defences to a design right infringement claim, such as the argument that the alleged infringing design is not substantially similar to the protected one, the design rights have expired, or the design was created independently without copying. Further, it could be argued that the use falls within exceptions, such as for private use, experimental use, or for teaching. Additionally, if the design right has not been registered, showing that the alleged infringer did not copy the design but created it independently can be a defence.

If you face an infringement claim and need to understand the potential defences, contact our legal team on 0207 459 4037 for a Free Consultation.

Monitoring and enforcing your design rights can be achieved by keeping vigilant for potential infringements, which may include regularly searching new registrations, market surveys, or using custom watch services that alert you to similar new designs.

Online marketplaces and international trade fairs should also be monitored. Enforcing your rights typically involves sending cease and desist letters, negotiating settlements, or ultimately taking legal action to stop the infringement and seek damages.

Design rights are intended to protect the appearance of a product, not its functional features. In the UK, a design right covers the shape and configuration (how different parts of a design are arranged together) of an object. However, any features that are solely dictated by the product’s technical function are not protected by design rights. For functional aspects, you may seek protection through patents, which cover new inventions and how they work, operate, or are made.

If you’re looking to protect the functional aspects of your product and need expert legal guidance, do not hesitate to contact us on 0207 459 4037, or schedule your Free Consultation via our online booking form to discuss the best strategy for your intellectual property.

If you receive a claim that your design infringes on someone else’s rights, it’s crucial to take the claim seriously and respond appropriately. Firstly, review the claim to understand the specific allegations. It is advisable to consult with our expert intellectual property lawyers to assess the validity of the claim and discuss your options, which may include modifying your design, negotiating a license, or defending against the claim if you believe it is unfounded.

For immediate assistance with a design right infringement claim, please reach out to us on 0207 459 4037, or use our online booking form to arrange a Free Consultation with our experienced intellectual property lawyers.

In the UK, an infringement claim for a registered design right must be brought within 6 years from the date of infringement. For unregistered design rights, the claim must also be made within 6 years as well, but there’s an additional consideration: the ‘right of continuing infringement’ which might affect the time limit if the infringement is ongoing.

It is crucial to address infringement claims promptly. To discuss the specifics of your situation and avoid missing critical deadlines, call us today on 0207 459 4037 to ensure your rights are protected.

Challenging the validity of a registered design is a complex process that requires substantial evidence. Grounds for invalidation may include the design not being new or having individual character, or it may not be a design as defined by the relevant statutes.

To challenge a design, you would typically file an application for a declaration of invalidity with the UK Intellectual Property Office or, in certain cases, the courts.

If you believe a registered design should not have been granted, our experienced intellectual property lawyers can help.

In the UK, the validity of a design right can be challenged on several grounds, such as the design not being original, being dictated by the technical function, or not being visible during normal use of the product. Furthermore, if the design is not significantly different from existing designs or contains characteristics that are purely utilitarian, it may be challenged.

If you are facing a situation where challenging the validity of a design right is necessary, our legal experts can provide you with comprehensive advice and representation. Please call us on 0207 459 4037 or complete our online booking form for a Free Consultation.

Design rights in the fashion industry are crucial due to the rapid turnover of trends and the importance of distinctive designs. In the UK, both registered and unregistered design rights can be used to protect fashion designs. However, the dynamic nature of fashion means that designs must be protected swiftly before they become common place. It is important to document the creation process and apply for registration as soon as possible for maximum protection.

If you are in the fashion industry and need to protect your designs, do not hesitate. Reach out to us on 0207 459 4037 or book a Free Consultation through our booking form to discuss your intellectual property strategy.

Design rights can often overlap with other forms of intellectual property (IP). For instance, a single product may have aspects protected by design rights while also being covered by trademarks (like a logo) or patents (for technical innovations). It’s important to have a strategy that considers all forms of IP to ensure comprehensive protection.

Yes, you can sell (assign) or license your design rights to others. Assigning your rights transfers ownership to another party, while licensing allows them to use the design under specific conditions, often in return for a fee or royalties. Both processes require careful negotiation and drafting of agreements to ensure your interests are adequately protected.

If you are considering monetising your design through selling or licensing, contact our team of expert IP lawyers for bespoke guidance. Call us on 0207 459 4037 or arrange a Free Consultation using our online form to take the first step towards leveraging your design rights.

Penalties for design rights infringement can include injunctions to prevent further breaches, orders to seize or destroy infringing items, and potentially substantial damages or account of profits.

The courts will assess the seriousness of the infringement, whether it was intentional, and the loss suffered by the rights holder. Legal costs can also be significant for the infringing party.

If you believe your design rights have been infringed upon or you are facing allegations of infringement, it’s crucial to seek expert legal advice.

Post-Brexit, the UK no longer falls under the Community design regime, which means that businesses need to ensure they have separate design protection in both the UK and the EU. The UK has introduced its own supplementary unregistered design right, known as the Supplementary Unregistered Design (SUD), which mirrors the protection previously offered by the EU but is limited to the UK. Additionally, existing EU-registered designs have been automatically cloned to UK-registered designs to ensure ongoing protection.

Understanding the nuances of design rights protection post-Brexit is more important than ever. For comprehensive advice on safeguarding your designs in both the UK and EU markets, please call our intellectual property specialists on 0207 459 4037 or book a Free Consultation using our online form.