Registered design rights explained

As you embark on a journey to safeguard your creativity, registered design rights are your invisible shield in the bustling marketplace. They serve as a fortress, protecting the unique visual attributes of your products—from their shape to patterns.

While you cross these legal waters, the prowess of Virtuoso Legal becomes your beacon of expertise.

With a keen eye for the nuances of intellectual property law, our team ensures that your designs are not just a mere figment of your imagination but a tangible asset, fortified against the tides of competition.

Introduction to UK Registered Design Rights

But, before you talk to us, let's give you a working knowledge of exactly what registered design rights are, and what they could mean to your business.

What are Registered Designs?

A registered design is a legal means to protect the distinct visual design of items that are not purely utilitarian. They cover aspects such as lines, contours, colours, shape, texture, and materials. They are intended to cover the "eye appeal" of a design. In the UK, these rights are governed by the Registered Designs Act (1949) and the Community Designs Regulation (EC) No 6/2002.

• Eye appeal - if you've designed a really beautiful fragrance bottle or packaging you may well want to protect your design from being copied.

• The same protection can also cover everything from car accessories to sunglasses!

Securing a registered design ensures that the aesthetic or eye appeal of your product is safeguarded from replication for up to 25 years, subject to renewal every five years. This is a strategic move to give you a commercial edge, and can differentiate your product and add to the value of your business.

Importance of a Registered Design

By legally safeguarding a design's distinctiveness, businesses can maintain a competitive edge in the market. This legal protection encourages creativity and supports economic growth by enabling companies to invest in and develop new designs with confidence, knowing their creative assets are protected under the law. These rights are valuable in some sectors, particularly where design differentiation plays a key role in consumer choice.

Registered design rights ring-fence a design in the following instances:

• Medical devices, luxury goods, high-end motor accessories, utilitarian items: TV stands, furniture

Difference between Registered and Unregistered Design Rights

Registered and Unregistered Design Rights differ primarily in their protection scope and process:

• Registered Design Rights:

  • These are registered rights and registration can be done in many countries including the USA and China.

  • Offer protection for up to 25 years, with renewal required every 5 years.

  • Protect against both deliberate copying and independent creation of similar designs.

  • Require a formal application and registration process.

• Unregistered Design Rights:

  • Provide protection automatically but for a shorter period (up to 15 years from creation or 10 years after first sale). - after the first 5 years, the monopoly is effectively gone because another business can copy the design and demand a license of right.

  • In the European Union the rights only last for three years.

  • Only protect against direct copying, not independent creation of an article.

  • Do not require registration, hence no upfront costs.

  • Can be difficult to enforce from further infringement.

  • Do not cover technical function but only features of the item.

  • Have no filing date or registered proprietor.

  • A variety of acts constitute infringement including deliberate copying, making copies available to the public, selling copies.

  • Does not cover designs solely dictated by function or where there is an integral part of another design or where there are immaterial details.

  • Covers only original appearance.

  • Infringement proceedings can be costly and complex.

For authoritative details, including case law and statutes, it's advisable to consult legal resources or government websites like the UK Intellectual Property Office or relevant sections of the Copyright, Designs and Patents Act (1988).

Eligibility for Registered Design Rights

Eligibility for registered design rights is a topic often surrounded by misconceptions. Firstly, it's important to understand that these rights protect the appearance of the whole or a part of a product resulting from its lines, contours, colours, shape, texture, or materials.

The design must be new, meaning no identical design has been made available to the public before the application. Also, the notion that the application process is lengthy and complex is outdated, with streamlined online registration processes now in place.

• Seek professional help from a lawyer

• It is important to instruct and expert who is familiar with the designs registry and the procedures at the intellectual property office.

• Registered design registration only covers the visual appearance of a product and gives exclusive rights to the registered owner, with a designer named on the application.

• There is a grace period of 1 year from putting the item on the market and being able to apply online for a design registration.

• Once you have filed for a registered design in the UK you can then file in the European Union and the European Economic area as well as globally.

• Your design registration must be for an original design and the registration covers the appearance of a product. It does not cover the part of the design solely dictated by function

• Registered designs are easier to protect than unregistered design rights in infringement actions.

• It is possible to obtain cover globally in qualifying countries and to make a multiple application.

• It is useful to protect a complex product from being copied.

• It is possible to register a component part of a product as well as the whole product.

• Ownership provided an exclusive right to exploit the design.

• Methods of construction are excluded from a protected design.

• The priority date is the date that the application is filed on-line.

What Can Be Protected By Registration?

A common misunderstanding is that a design must be artistic in nature; however, eligibility extends to functional designs as long as they are novel and have individual character.

Registration can protect a wide array of designs, from the functional shape of a consumer electronic device to the unique pattern on a fabric. For instance, the distinctive design of the Apple iPhone, with its sleek lines and user interface layout, serves as a real-life example of what can be safeguarded. This protection covers the whole appearance of a product, including aspects like shape, texture, and colour, but not the technical or functional parts.

You can find the registered design rights for Apple in the U.S. Patent and Trademark Office (USPTO) database. Through registration, the visual identity of products is protected, ensuring creators maintain exclusive rights to their designs. In the European Union, such rights are referred to as a registered community design.

Find out more: How to Protect My Design

Novelty and Individual Character Requirements

For a design to be eligible for registration, it must meet the criteria of novelty and individual character, as outlined by the UK Intellectual Property Office (UKIPO).

Novelty means that no identical design should have been made available to the public before the application date.

Individual character implies the design must create a different overall impression on an informed user comparison to existing designs.

These principles ensure that only genuinely new and distinctive designs receive protection, fostering innovation. The UKIPO's guidelines and various case studies provide detailed insights into how these criteria and accepted principles are applied in practice.

Exclusions and Limitations

A key aspect to consider is that design rights do not protect ideas or concepts but the physical manifestation of a design. A complex case illustrating this involves the Trunki suitcase, where the Supreme Court in the UK ruled against its design protection due to the differences in surface decoration with a competitor's product.

This case highlighted the importance of detailed representations in the registration process and demonstrated the limitations of design rights in protecting broader concepts or ideas that are not explicitly detailed in the registration documents. It underlines the necessity of a thorough and precise approach when registering a design to ensure comprehensive protection.

• Register the final version instead of the draft drawings.

• There is a 12-month grace period before registering, if you do it after, it could be invalidated if deemed not novel.

The Registration Process

The registration process for design rights can be simplified into a straightforward checklist:

1. Eligibility Check: Verify that your design is new and has individual character. - final version

2. Prepare Representations: Gather images or, better still, line drawings of your design from multiple angles.

3. Classification: Determine the correct class of goods to which your design applies.

4. Application: Complete and submit your application online through the UK Intellectual Property Office website, including paying the relevant fee.

5. Examination: The UKIPO will examine your application to ensure it meets all legal requirements.

6. Registration & Publication: Once approved, your design will be registered and published in the designs register.

• Make this into questions you need to ask us, create it geared to Virtuoso - no examination process, very quick - in the space of a couple of weeks

This process acts as a vital shield for creators, ensuring their innovations remain distinctive and profitable as well as viable for commercial investment. By understanding and following these steps, designers and businesses can effectively navigate the legal landscape, ensuring their creations are fully protected and their intellectual property rights upheld.

Duration and Renewal

In the United Kingdom, design rights are valid for a maximum of 25 years, provided they are renewed every five years. This duration ensures continued protection against unauthorised copying or use. The renewal process, critical for upholding these rights, requires the payment of renewal fees at set intervals.

Registered Design Rights and Other IP Rights

Registered Designs are distinct from other forms of Intellectual Property (IP), with each UK application serving specific purposes:

• A Registered Design protects the visual appearance of objects, focusing on their appearance rather than functionality. All kinds of features may be protected in the UK.

• Patents safeguard inventions and technical solutions to problems, covering how things work, what they do, how they do it, what they are made of, and how they are made.

• Trade marks secure brands, specifically word marks, logos, symbols, or phrases associated with goods or services, ensuring recognition in the marketplace, as well as sounds, smells and colours.

• Copyrights defend original works of authorship, such as literature, music, and art, against unauthorised use. - software, website layout and databases too.

Understanding the distinctions among these IP rights is crucial for effectively protecting and leveraging intangible assets.

For more information about different forms of IP:

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How Virtuoso Legal Can Help with Design Registration

Virtuoso Legal is aligned with your broader ambitions, dedicated to enhancing your business stance by safeguarding your assets and facilitating your entry into new markets.

Our commitment is to address both your immediate and future needs.

As you grow, we stand as your ally, aiming to bolster your profitability and cut costs by minimising risks.

Our approach is straightforward and transparent. We offer clear solutions without unnecessary complexity, ensuring you understand our services.

Innovation is at our core. We challenge the status quo, supporting our clients in their quest for change.

We consider ourselves an extension of your team, providing top-tier service, expertise, and openness you can rely on.

Read our case studies and learn how we can help protect you with registered design rights.

Frequently Asked Questions (FAQ's)

We've used our expertise to answer some important questions about registered designs.

What is a Registered Design Right?

A Registered Design Right is a legal protection granted to the visual design of objects, covering their lines, contours, colours, shape, texture, and materials but not their functionality. It safeguards the design from being copied or used without the owner's permission, offering protection for up to 25 years, with renewals required every five years. This right encourages innovation and creativity, allowing designers to profit from their unique designs without fears of legal repercussions.

Who owns a Registered Design?

The owner of a Registered Design is typically the creator of the design or their employer, if the design was created as part technical function of their employment. In situations where the design is commissioned, the ownership might initially belong to the designer, unless there is an agreement to the contrary. It’s possible to transfer ownership through sale or grant rights through licensing, allowing others to utilise the design while renumerating the original rights holder's intellectual property.

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IP Insight: Brexit and IP, Part 2, Design Rights

About Virtuoso Legal?

Virtuoso Legal is a team of intellectual property specialists based in Leeds and London - operating worldwide. Virtuoso Legal's team of IP Lawyers, Copyright Lawyers and Trade Mark Lawyers have successfully tried cases in the IPEC, High Court, Court of Appeals and United Kingdom Supreme Court. In addition, the team assist companies in creating, commercialising and protecting the big ideas that make their business unique. The firm and its professionals are ranked yearly in legal directories such as the Legal 500 and Chambers and Partners, cementing their status as a Top 2% law firm in the world.

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​The content on this website, including FAQs and legal posts, is for general informational purposes only and does not constitute legal advice. Laws vary by jurisdiction, and specific advice should always be sought for individual circumstances. Virtuoso Legal is not responsible for any losses arising from reliance on this content. For tailored advice, please contact us at 0113 237 9900 or enquiries@virtuosolegal.com.