UK unregistered designs are governed by the Copyright, Designs and Patents Act 1988. Unregistered design right (sometimes also referred to as ‘design right’) arises automatically on creation and applies to original, non-commonplace designs of the shape or configuration of products. It protects only three-dimensional aspects of designs, does not protect surface ornamentation, methods or principles of construction, or features enabling functional fit or aesthetic match. It gives an exclusive, non-renewable right against copying (not a monopoly on the design). The right confers protection for: 15 years from first recording, or ten years from the design being made available for sale or hire, if within five years of the event above, and is subject to a licence of right in the last five years of protection.
Following Brexit, the UK is no longer part of the Community designs system which provides an EU-wide right called the unregistered Community design (UCD). (The UCD is broadly the same in scope as the RCD, save that it lasts only three years from first disclosure, and that it is necessary to prove copying in order to establish infringement.) However, provision was made, pursuant to the Designs and International Trade Marks (Amendment etc) (EU Exit) Regulations 2019, SI 2019/638, for the holders of UCDs in existence as at IP completion day to automatically become the holders of comparable UK rights, called ‘continuing unregistered designs’, for the remainder of their term. In addition, provision was made for a new UK right to be created, called the ‘supplementary unregistered design’, which mirrors the scope of a UCD (ie protecting both two- and three-dimensional designs), to fill the gap left by the UK’s exit from the UCD system.
In some circumstances, copyright may be available as a means of protecting original design drawings, rights in three-dimensional objects that are considered ‘artistic works’, and surface decoration applied to industrial articles.