UK Design Right

The protection given to unregistered designs in UK

UK Design Right

An unregistered design for the shape or configuration of a product has automatic protection upon creation - registration is not required. The design must be original, not copied from an existing design, and not be commonplace. Only direct copies or designs substantially the same are protected, not similar designs.

It is wise to keep a written record of the design and when products are manufactured, to aid in enforcement.

If a design is unregistered it does not give protection for 2-D aspects and surface ornamentation, like textiles; to obtain protection for these one must consider a registered design or reliance on copyright.

In the UK, unregistered design right applies to designs after 1st August 1999 (designs originating before then may claim copyright).

Protection lasts 15 years from the end of the calendar year the design was first recorded in a design document, or if the design is available for sale or hire within 5 years of first recordal, 10 years from the end of the calendar year.

A licence must be given during the last five years of protection if requested - a Licence of Right.