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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.
Registrability
To be registrable, a design must be new on the date that the design application is filed. By 'new' is meant that the design must not have been published anywhere in the world prior to the date of the design application. Publication includes publication in the normal sense of the word, but also includes commercial activity such as display at an exhibition, or sale of the product concerned.
A further requirement for registration is that the design to be registered must have 'individual character' over any designs published anywhere in the world prior to the date of the design application. The term 'individual character' means that the design must produce an overall impression on the informed user which is different from the overall impression given by the prior design.
Note that any publication by the owner of the design within the 12 month period prior to the filing of the design application will be excused when considering novelty and individual character. This 'grace period' gives the owner an opportunity to test the market, for example, before going to the expense of filing a design application. Note, however, that although other countries have similar grace periods, not all do and therefore, before taking advantage of this, advice should be taken to ensure that your ability to obtain valid design registrations elsewhere is not compromised.
To be registrable, a design must be new on the date that the design application is filed. By 'new' is meant that the design must not have been published anywhere in the world prior to the date of the design application. Publication includes publication in the normal sense of the word, but also includes commercial activity such as display at an exhibition, or sale of the product concerned.
A further requirement for registration is that the design to be registered must have 'individual character' over any designs published anywhere in the world prior to the date of the design application. The term 'individual character' means that the design must produce an overall impression on the informed user which is different from the overall impression given by the prior design.
Note that any publication by the owner of the design within the 12 month period prior to the filing of the design application will be excused when considering novelty and individual character. This 'grace period' gives the owner an opportunity to test the market, for example, before going to the expense of filing a design application. Note, however, that although other countries have similar grace periods, not all do and therefore, before taking advantage of this, advice should be taken to ensure that your ability to obtain valid design registrations elsewhere is not compromised.
The range of products whose appearance can be covered by a UK design registration is very wide. For example, the product may be an industrial or handicraft article, or a graphic symbol or typeface. In addition the design does not need to apply to a complete product, but could apply to just part of a product. For example protection could be obtained for a shoe sole which could be applied to a number of different shoe types.
Certain designs, however, are excluded from registration, as follows:-
- Methods and principles of construction: these will usually be protectable by a patent - the design registration is intended to protect the appearance of a product, and not the way it functions.
- Those features of a design whose shape is dictated solely by the function which the article has to perform.
- Those features of a design whose shape is dictated by its need to fit with other parts. This is the so-called "must fit" exception and excludes from protection such things as the outside shape of a piston which has to fit in a cylinder, or the thread of a bolt.
- Computer programs.
- Designs which are contrary to public policy, or to accepted principles of morality.
- Designs which incorporate certain official or state emblems or insignia of the UK. Examples include the Royal arms or Royal crown of the UK.
- Designs which incorporate any of the UK national flags in a misleading or offensive manner.
- Designs which incorporate any national flag or other official or state emblem or insignia of a country other than the UK, unless permission is obtained.
For registered designs, design right and copyright, contact Chris Boydell or
Sarah Perkins in our London office, or David Marles in our Bristol office.