Designs

Question 1

What is the term of UKRDR?

Answer 1

25 years, renewable every 5 years

Question 2

What is the term of CRDR?

Answer 2

25 years, renewable every 5 years

Question 3

What is the term of CUDR?

Answer 3

3 years from date design first made available in EC

Question 4

What is the term of UKUDR?

Answer 4

Shorter of: 15 years from end of year in which design was first recorded/made OR 10 years from end of year of first selling

Question 5

When are licenses of right available for UKUDR?

Answer 5

Last 5 years.

Question 6

Who is entitled to UKUDR?

Answer 6

A qualifying person

Question 7

Who is a qualifying person for UKUDR purposes?

Answer 7

UK national/company or nations we have reciprocal arrangements with (e.g. NZ).

Question 8

What is the hierarchy of qualifying persons?

Answer 8

Employer, designer, first marketer

Question 9

What do UKRDR, CRDR, and CUDR protect?

Answer 9

Whole or part of a product, including packaging.

Question 10

What does UKUDR protect?

Answer 10

Shape or configuration of whole or part of a product

Question 11

What is the period for claiming priority from a design?

Answer 11

6m

Question 12

Are grace/restoration periods applicable for renewal fees due on UKRDR/CRDR?

Answer 12

Yes - 6m grace period and 13m restoration

Question 13

What are the subsistence requirements for UKUDR?

Answer 13

Original and not commonplace in design field

Question 14

What is excluded from UKUDR protection?

Answer 14

Surface decoration, must fit, must match

Question 15

What are subsistence requirements for UKRDR/CRDR/CUDR?

Answer 15

New and has individual character

Question 16

What disclosures are not prejudicial for novelty of UKRDR/CRDR/CUDR?

Answer 16

1. Those made in 12m grace period by designer/successor in title, or derived from designer, or abuse;
2. Those not reasonably known in normal course of business in specialist sector; and
3. Confidential disclosures.

Question 17

Are components of complex products eligible for design protection under UKRDR/CRDR/CUDR?

Answer 17

Yes, as long as they are visible during normal use

Question 18

What is excluded from protection under UKRDR/CRDR/CUDR?

Answer 18

1. Features solely dictated by technical function;
2. Must fit; and
3. Contrary to morality.

Question 19

How is individual character assessed?

Answer 19

Does it produce a different overall impression on the informed user? Degree of design freedom also considered.

Question 20

What is primary infringement of UKUDR?

Answer 20

Copying a design

Question 21

What is secondary infringement of UKUDR?

Answer 21

import, keep, sell, hire, offer

Question 22

What is infringement of UKRDR/CRDR?

Answer 22

Use without consent of a design which does not produce a different overall impression.

Question 23

What activities are infringement of UKRDR/CRDR?

Answer 23

Use, make, offer, importing and exporting

Question 24

What are defences to infringement of UKRDR/CRDR?

Answer 24

private non-commercial use, experimental purposes, use/repair on ships/aircraft temporarily in UK, exhaustion of rights when put on market with proprietor’s consent

Question 25

Are prior user rights available for UKRDR?

Answer 25

Yes, if serious and effective preparations made in good faith before priority date