The following IP guidance note Produced in partnership with Sarah Hadland of S.H. & Associates provides comprehensive and up to date legal information covering:
Design rights protect the shape, configuration or appearance of the whole or part of a product/article. The interaction of UK and Community registered and unregistered design rights means that designers have the potential to protect a wide range of features of their products in the UK and EU.
There are four different design rights which coexist in the UK:
UK registered designs
UK unregistered design rights
registered Community designs (effective throughout the EU)
unregistered Community design rights (effective throughout the EU)
See Practice Note: Comparison table for design protection available in the UK.
The obvious difference between UK design rights and Community design rights is the geographical scope of the protection that they offer. A key benefit of relying on Community design rights is that under European law, proprietors have the option of obtaining pan-European remedies for infringement including pan-European, injunctive relief.
Significant changes to design law came into force on 1 October 2014 due to the Intellectual Property Act 2014 (IPA 2014). In addition to references to UK designs legislation as amended by IPA 2014, we have also included links to the provisions of IPA 2014 which brought about the changes, so you can see their origin.
Design rights are territorial so choice of jurisdiction is crucial.
UK registered and unregistered design rights cover only the UK whereas Community design rights
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234