In the UK designs may be protected either by registered design or unregistered design right.

UK Registered Designs:

The protection is for the "eye appeal" of the new design (the registration can be invalidated by showing that the design is not new) and subject to the payment of renewal fees will last 25 years. The registration of UK designs is governed by the Registered Designs Act 1949, as amended by the Copyright, Designs and Patents Act 1988, the Registered Designs Regulations 2001 and the Registered Designs Regulations 2003.

Registered Community Designs (RCDs):

Since 1st April 2003 it has been possible to obtain protection for a new design throughout the European Union by the filing and subsequent registration of a Registered Community Design (RCD) application. As with UK designs the protection is for the "eye appeal" of the new design and the registration can be invalidated by showing that the design is not new. RCDs will last 25 years (subject to payment of renewal fees). The registration of RCDs is giverned by Directive 98/71/EC of the European Parliament and of the [European] council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No. 6/2002 of 12 December 2001, on Community Designs.

Unregistered Designs (also known as Design Right):

Design right arises automatically under English and European Union law, in much the same way as copyright. The owner of a design right has the exclusive right to reproduce the design for commercial purposes by making articles to that design or by making a design document recording the design for the purpose of enabling the articles to be made.

The right will last for 10 years from the end of the year when the article was first marketed or 15 years after it was first designed - whichever period expires first. For the last 5 years of a design right's life anyone may obtain a licence as of right at a royalty to be determined by the Patent Office or the Community Designs Office (OHIM) in the absence of agreement.


For more advice on your design right or how to register a design please contact us