About Designs
What is a design?
In essence, a design is the outward appearance of a product or part of it. That appearance can be dependent on numerous aspects, including the shape, contour, colour, texture, materials or decoration of the product in question.
It is well known that the shape of new consumer articles and containers have been protected as designs:
However, the range of what can constitute and be registered as a design has expanded greatly over the past few years, and can include many two-dimensional products such as logos and typefaces:
There are various ways in which designs are protected in the UK and the European Community:
Registered Designs
Both the UK and European Community have design registration systems which allow you to obtain a legal right to prevent others using your design or a design which does not produce a different overall impression. In both cases, the design registration can last up to 25 years. The main advantage of registered designs is that they are more easily enforced because they are presumed to be valid and there is no need to show copying in infringement cases.
Unregistered design right
Both the UK and the European Community systems provide some degree of protection to new designs irrespective of whether ther are registered. However, there are significant differences between the UK and the European Community as to the scope of unregistered design rights, which designs can qualify for unregistered design right and how long they last. For example, European Community unregistered design right lasts for three years and UK unregistered design right can last between ten and 15 years. But it should be borne in mind that both the UK and Community unregistered design rights protect only against copying. If a competitor can show that it created its design independently, then it will not infringe unregistered design right.
Copyright
In certain circumstances, an original design whic is 'artistic' and which is not for mass-produced articles can attract copyright. Copyright arises automatically; there is no registration systems in the UK.
Trade marks
In certain circumstances, it is also possible to register two and three-dimensional designs as trade marks, although very often substantial evidence is required to show that three-dimensional designs would be, or are, perceived by consumers as badges of origin. The dual protection of designs by registered design and registered trade mark is becoming more frequent in view of the differences in rights that can be obtained and given that trade marks can potentially be protected indefinitely.
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