UK Design Protection - Overview

Question 1

In how many dimensions can a design be?

Answer 1

2D or 3D

Question 2

How may a design be embodied?

Answer 2

Drawing, Photograph, Writing. These must be in a design document.

Product or Prototype

Question 3

What differentiates one product from another in the market place?

Answer 3

Designs

Question 4

Social Benefits of Design Protection

Answer 4

Protects investment in creating well-designed products.

Causes competitors to independently design, not copy, increasing diversity.

Limits copies, which also make consumer choice simpler.

Question 5

What are protectable designs.

Answer 5

Functional/Useful or ornamental.

Question 6

Registered Design RDA 1949

Answer 6

Can be obtained from:

Re-registered (Community) Design)
Re-registered (International/EU) design
International (UK) Design - Hague Agreement.

Question 7

What is a Supplementary Unregistered Design (SUD)

Answer 7

provide a limited form of protection for the appearance of a product without requiring formal registration.

Question 8

When does an SUD get protection

Answer 8

Automatic Protection – SUDs arise automatically when a design is first disclosed in the UK. There is no need for an application or official registration.

Question 9

SUD Scope of Protection

Answer 9

Covers the shape and configuration of a product but not surface decoration, colours, or materials.

Question 10

SUD Duration

Answer 10

Duration – Lasts for three years from the date the design is first made available to the public in the UK.

Question 11

SUD vs Unregistered UK Design Right

Answer 11

SUDs protect the overall appearance of a design (like the previous EU Unregistered Community Design).
UKUDR protects functional and technical aspects of a design and lasts up to 15 years.
Post-Brexit Context – SUDs were introduced after the UK left the EU to replace the loss of EU Unregistered Community Designs (EU UCDs), which no longer apply in the UK.

Question 12

SUD Infringement Proceedings

Answer 12

Infringement and Enforcement – To prove infringement, the designer must show that the alleged copy results from deliberate copying rather than independent creation.

Question 13

UK Registered Designs (RD)

Answer 13

Registered at the UKIPO
Lasts for 25 years from filing date. Renewals every 5 years. Protect product appearances not concepts, functions or theories.
Must be novel and have individual character.

Question 14

Can you claim priority on a registered design?

Answer 14

Yes

Question 15

How is a UK Registered Design Infringed?

Answer 15

By another design creating the same overall impression. Does not require copying.

Question 16

Can a Registered Design be solely dictated by the product’s technical function?

Answer 16

No

Question 17

Are Registered Designs examined for novelty?

Answer 17

No.

Question 18

Hague Agreement International Designs (IR)

Answer 18

Registered at the WIPO designating GB.

Can only be obtained by nationals of a Hague state.

Usually allowed by UK IPO with no national phase

Exactly the same substantive effects as a UK RD (Same validity and infringement) Litigated in UK Courts

Question 19

Where are IR Designs renewed?

Answer 19

WIPO

Question 20

How quick is registration of designs?

Answer 20

GB:EU - few days
US:JP:KR - 12 months

Question 21

Can you defer publication?

Answer 21

12 months from filing, 30 from priority.

Question 22

Supplementary Unregistered Design and Continuing Unregistered Community Design

Answer 22

No formalities required for protection.

First Disclosure date takes place of filling date.

Lasts for three year from first disclosure.

Question 23

What does SUDs or CUCDs protect?

Answer 23

Protect product appearances not concepts, functions or theories.

Must be novel and have individual character over earlier designs (before first disclosure)

Only infringed by copied designs

Question 24

UK Unregistered Design Right (UK UDR)

Answer 24

No formalities required for protection.

Protects shape and configuration, not surface decoration.

Question 25

UK UDR protection length

Answer 25

10 years from first marketing of the design, or 15 years from recording the design

Question 26

When can you ask for a licence of right in UK UDR?

Answer 26

Last 5 years

Question 27

UK UDR requirements

Answer 27

Requires originality and not commonplace, NOT novelty.

Question 28

UK UDR infringement requirements

Answer 28

Only infringed by copied designs

Question 29

Shape and configuration

Answer 29

Does cast a shadow. Have a 3D shape.

Question 30

Surface decoration

Answer 30

Does not cast a shadow. 2D shape.

Question 31

Copyright protection for designs

Answer 31

No formalities required for protection. Protects artistic works

Question 32

Copyright protection for design protection length

Answer 32

Lasts up to 70 years from author's death. PMA - Post Mortem autoris (from year of death)

Question 33

Copyright protection for designs infringement requirement

Answer 33

Only infringed by copied designs

Question 34

National vs European substantive basis

Answer 34

National: - UK UDR - UK Copyright European: - UK Registered Design - Continuing or Supplementary Unregistered (Community) Design

Question 35

Monopoly vs Copyright

Answer 35

Monopoly - stopping people from doing things regardless of copyright - UK/International registered design protection Copyright-type - stopping people from copying - UK UDR/Continuing or Supplementary Unregistered (Community) Design - UK Copyright

Question 36

UK/Int RD Type - Monopoly or Copying?

Answer 36

Monopoly

Question 37

UK/Int RD 2D or 3D?

Answer 37

Both

Question 38

UK/Int RD Purely Functional Allowed?

Answer 38

No

Question 39

UK/Int RD Life?

Answer 39

25 years

Question 40

UK/Int RD Must-fit Allowed?

Answer 40

No

Question 41

UK/Int RD Must-match Allowed?

Answer 41

Yes

Question 42

UK UDR Monopoly or Copying?

Answer 42

Copying

Question 43

UK UDR 2D or 3D?

Answer 43

3D

Question 44

UK UDR Life?

Answer 44

10-15

Question 45

UK UDR Purely Functional Allowed?

Answer 45

Yes

Question 46

UK UDR Must-fit allowed?

Answer 46

No

Question 47

UK UDR Must-match allowed?

Answer 47

No

Question 48

CUCD/SUD Monopoly or Copying?

Answer 48

Copying

Question 49

CUCD/SUD 2D or 3D?

Answer 49

Both

Question 50

CUCD/SUD Life?

Answer 50

3 years

Question 51

CUCD/SUD Purely functional allowed?

Answer 51

No

Question 52

CUCD/SUD Must-fit allowed?

Answer 52

No

Question 53

CUCD/SUD Must-match allowed?

Answer 53

Yes

Question 54

Copyright Monopoly or Copying?

Answer 54

Copying?

Question 55

Copyright 2D or 3D?

Answer 55

2D

Question 56

Copyright Purely Functional Allowed?

Answer 56

No

Question 57

Copyright Must-fit allowed?

Answer 57

Yes

Question 58

Copyright Must-match allowed?

Answer 58

Yes

Question 59

Must fit

Answer 59

This applies when a design is shaped a certain way because it has to connect with something else. If the shape is necessary for it to work, you can’t get design protection for that feature. 🔹 Example: A phone charger port—it has to be a certain shape to fit the cable.

Question 60

Must Match

Answer 60

This applies when a part has to look a certain way to match another product. If a design is only about making something blend in with an existing item, you can’t protect it. 🔹 Example: A car door panel—it needs to match the rest of the car, so you can’t claim exclusive rights over the shape.

Question 61

Designs and Copyright

Answer 61

Designs carve from copyright. Should designs with aesthetic appeal be protected by copyright? Former UK Position attempted to exclude copyright where design protection was possible.

Question 62

Design overlap with patentable inventions

Answer 62

EPC excludes Aesthetic Creations Art 52(2) European/UK RD excludes features which are solely dictated by technical function

Question 63

UK design right

Answer 63

Given by Copyright, Designs and Patent Act. Shorter period of protection. Licences of right last 5 years. Must fit and must match are not allowed. Cannot monopolise that. No need for a design drawing.

Question 64

Paris Convention

Answer 64

Must protect industrial designs, but no restriction on how

Question 65

Berne Convention

Answer 65

Must protect "works of applied art", but no restriction on how - except that if copyright, must be at least 25 years

Question 66

TRIPS

Answer 66

Must protect "industrial designs" for at least 10 years.

Question 67

Author for:

Answer 67

Copyright and UK RD

Question 68

Designer for:

Answer 68

UK UDR, SUD & UCD

Question 69

Who deserves the title of designer?

Answer 69

Person who determines the appearance

Question 70

Moral Rights for Designs

Answer 70

None for UK UDR, UK RD or UCD. Right for designer to be named in RCD, and (for some designations only) in international design.

Question 71

Moral Rights for Copyright

Answer 71

Right to be identified and paternity right, for sculptures and works of artistic craftsmanship, only apply to issuance of 2D images.

Question 72

First marketing (UK UDR)

Answer 72

For designs which do not qualify by designer or employee but by first marketing, the first marketer is first proprietor of UK UDR. First marketer if no uk identifiable employer or individual.