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Introduction; Design Registration; Registrability; Spare Parts; Scope of protection given by Design Registration; Protection for Industrial Designs abroad;
The Community Design Registration; The International Design Registration;
The Application for Design Registration; Ownership of Registered Designs; Unregistered Design Rights; UK Unregistered Design Right; Ownership of UK Unregistered Design Right; Unregistered Community Design; Copyright.
Protection for Industrial Designs abroad
In most countries, design registration is the only way to obtain protection for the appearance of a new product, although a few countries have very weak protection under their copyright laws and a further few give some protection under "unfair competition" laws. Only within the EU does unregistered design right apply, and this will be discussed separately below.
Registered design protection abroad is, by and large, similar to that in the U.K. It is usual to begin with a home design application - in our case in the U.K. - and to file corresponding foreign applications later. The provisions of the Paris Convention (see under Patents) apply also to design registrations, with the important difference that the foreign design applications must be filed within six months (not twelve months as with patents) of the filing of the original application, if the effective filing date of the foreign application is to be backdated to the home filing date. Note that it is unwise to rely on design right protection in the U.K. if you wish ultimately to obtain protection abroad since in some countries, publication of the design for example by selling anywhere in the world prior to the filing date invalidates the design; the Paris Convention does not apply to design right protection.
Normally it is necessary to apply separately in each country in which protection is required. There are a few exceptions to this however, the most significant of which are the Community design registration and the International design registration.
For registered designs, design right and copyright, contact Chris Boydell or
Sarah Perkins in our London office, or David Marles in our Bristol office.
In most countries, design registration is the only way to obtain protection for the appearance of a new product, although a few countries have very weak protection under their copyright laws and a further few give some protection under "unfair competition" laws. Only within the EU does unregistered design right apply, and this will be discussed separately below.
Registered design protection abroad is, by and large, similar to that in the U.K. It is usual to begin with a home design application - in our case in the U.K. - and to file corresponding foreign applications later. The provisions of the Paris Convention (see under Patents) apply also to design registrations, with the important difference that the foreign design applications must be filed within six months (not twelve months as with patents) of the filing of the original application, if the effective filing date of the foreign application is to be backdated to the home filing date. Note that it is unwise to rely on design right protection in the U.K. if you wish ultimately to obtain protection abroad since in some countries, publication of the design for example by selling anywhere in the world prior to the filing date invalidates the design; the Paris Convention does not apply to design right protection.
Normally it is necessary to apply separately in each country in which protection is required. There are a few exceptions to this however, the most significant of which are the Community design registration and the International design registration.
For registered designs, design right and copyright, contact Chris Boydell or
Sarah Perkins in our London office, or David Marles in our Bristol office.