Design transactions and management

What are design rights?

Design rights protect the shape, configuration or appearance of the whole or part of a product/article (rather than its functional aspects).

Design law is intended to stop other people making products which are made to the design of or create the same overall impression as the original design.

This Overview covers the various design rights (both registered and unregistered) that can be relied on by right holders in the UK.

Design rights currently available in the UK

The design rights currently available in the UK are as follows:

•
UK registered designs (including re-registered designs and re-registered international designs)
•
UK unregistered design right (also known as ‘design right’)
•
supplementary unregistered design right (SUD)

Each of the above rights differs in terms of qualifying criteria, scope and duration of protection. For more information, see Practice Note: UK registered and unregistered designs.

The impact of Brexit

Prior to Brexit, the UK designs regime was significantly harmonised with the EU regime.

The Designs Directive (Directive 98/71/EC) harmonised the requirements for national registered design protection across the EU. It was incorporated

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