Unregistered Design Rights
Not all industrial designs are capable of registration, for example designs for entirely functional articles, and these have to rely on Unregistered Design Right. As the name implies, unregistered design right is a right which comes into existence, without any registration formalities, when an original design for an article is created. It enables the design owner to take action against unauthorised copiers of the design, but not independent development of a similar design.
In the UK, unregistered design rights subsist for a maximum period of fifteen years from the end of the year in which the design is first made, or ten years from first marketing if that is earlier. In the European Union, protection automatically subsists from the date of disclosure of the design to the public within the European Union. That disclosure may occur through designs going on sale or through prior marketing or publicity. The relevant design will be protected for a period of three years. There are other differences between the UK and European unregistered design rights, for example in the areas where this form of protection is excluded by statute. For more information, please contact us.
For further information on unregistered design rights, please contact a member of our Design and Copyright Team.
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