Intellectual Property

4. Design Protection

New designs - for the shape or appearance of an article - can be protected by 'design right' (similar to copyright) or by 'design registration'.

4.1 Some designs do not qualify.

• Designs that are purely functional cannot be protected in this way (but might be suitable for patenting).
• Designs that are determined by the need to fit or match another article (eg spare parts) cannot get design protection.

4.2 Design right gives limited but automatic protection for a new design. You do not have to apply for design right.

• Keeping evidence of the creation and date of the design will help if you later need to defend your design right.
• Design right lasts for ten years after you first market articles using the design (subject to a limit of 15 years from the creation of the design).
• Two-dimensional designs do not get design right, but get copyright (see 5) and may be registered (see 4.3).

4.3 Design registration gives stronger protection and will make it easier to defend your rights, if necessary. It is specifically concerned with the appearance of all or part of a product.

• You must apply to the UK Intellectual Property Office.
• The design must be new, have an individual character and not be publicly available or published anywhere in the world at the time you apply for registration. However, these requirements differ from country to country so take professional advice before the design is made public.
• You can get help from a patent attorney or make the application yourself. Ask the UK Intellectual Property Office Central Enquiry Unit for application forms and the brochure 'Design Registration' (see 6.3).
• Design registration lasts for an initial five years and can be extended up to 25 years. Initial fees are �60 for a single application. For multiple applications the first design is registered at �60 with subsequent designs on the same application registered at �40.
• Extending the design registration currently costs �130 for the second five years and increasing amounts after that.
• Deferring a design registration for up to 12 months will cost an additional �20, to be paid when publication is requested.