Design Right Infringement

A unique design can be one of the key reasons your business thrives. Protecting this competitive advantage from competitor imitation protects your brand from exploitation. From securing your design rights to enforcing infringements, we support you through the process.

UK Design Rights: Registered vs Unregistered

Design rights in the UK concern themselves with the visual appearance of a product, whether physical or digital designs.

This visual appearance can include:

• Shape
• Configuration
• Pattern
• Ornamentation

There are two main types of design rights – registered and unregistered. The extent of your protection depends on the type of design right you have.

Registered Design Rights

Registered design rights are a formal protection up to 25 years for your design and registrations are relatively cheap and easy to obtain.

Should another party produce, sell or import a product identical or substantially similar to your registered design without permission, they are deemed to be infringing on your design right. If you have a registered design you do not have to prove copying by another party, visual similarity is sufficient.

Having a registered design right will mean you can challenge the infringement in or out of court in line with the nature of the formal registration. A registered design can also be used to secure the removal of infringing products from e-commerce websites such as Amazon.

Unregistered Design Rights

There are two different types of unregistered design right  and it is likely you will have both at the same time. They are not formally registered design rights. A UK unregistered design right is created automatically when a qualifying design is created and exist under the Copyright, Design and Patents Act 1988.

A UK unregistered design right only protects the shape and configuration of a product . The protection offered by a UK unregistered design rights is up to 15 years from the end of the year the design was created or 10 years from the date when the design was made public.

In addition to UK unregistered design right you may also have what is known as a supplementary unregistered design right. This arises automatically and offers the same level of protection as a registered design but only lasts for 3 years from the date the design is made public.

Unregistered designs rights may suffice depending on the situation. A good example would be fast-evolving designs or designs with a short commercial lifespan.

How Napthens Supports Clients

Our specialist Intellectual Property solicitors are entirely dedicated to matters of IP litigation.

We guide you through:

• Design registration: Ascertain whether registration is relevant based on the nature of your design, your commercial goals and your competitive landscape.
• Infringement investigation: Identity the nature of the potential unauthorised use of your design.
• Enforcement: Consider out-of-court settlement from formal letters to negotiation and mediation. Take down notices to e-commerce websites may also be appropriate. Escalate to court representation should litigation be required to protect your interests.
• Ongoing protection: Advise on the long-term measures available to protect your designs in the long run.

Get in touch via our contact form to speak with an IP expert.

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