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what
rights are there for designs?
Design protection covers the outward appearance of your product, including
decoration, lines, contours, colours, shape, texture and materials. If you have
a new shape or pattern for a product, you may be able to protect it as a design.
In the UK designs can be protected by three legal rights:
- Registered designs
Registered designs give you the right to stop anyone
copying or using your design in the United Kingdom for up to 25 years.
- Design right
Design right is a free, automatic right that you get
when you create an original design. It gives you the right to stop anyone
copying your design for up to 15 years.
- Copyright
If your design is artistic and you do not intend to mass produce it, you
will receive automatic copyright protection against
illegal copying. Copyright also protects any drawings
or plans of your design.
Registered designs
A registered design gives you a monopoly right for the look
of a product, protecting both the shape and the pattern or
decoration. A registered design will cover the
lines, contours, colours, shape, texture and materials of the
product or its ornamentation.
To be registered, a design must:
- be new
- have individual character;
meaning, it should not remind an informed person of an
existing design.
If your design meets these requirements, you may want to
consider
applying for a registered design. If you have a
registered design, you must renew it every 5 years for up to 25
years.
You may also wish to consider
applying to register your design throughout the EU in a
Community Design registration. There is a one year grace
period which allows you
to market your product up to a year before you apply for
protection without destroying the novelty of the design.
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Design right
Design right gives you free automatic protection for the
internal or external shape or configuration of an original
design.
Design right allows you to stop anyone from copying the shape
or configuration of the product, but does not give you
protection for any of the 2-dimensional aspects, for example
patterns.
You can protect 2-dimensional designs using
copyright or registered designs.
Design right lasts either 10 years after the first marketing of
products that use the design or 15 years after creation of the
design, whichever is earlier.
For the first 5 years you can stop anyone from copying the
design. For the rest of the time the design is subject to a
license of right. This means that anyone is entitled to a
licence to make and sell products copying the design.
Note: that your design right will only give you protection in
the United Kingdom
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Copyright
Copyright applies to any medium. This means that you must not
reproduce copyright protected work in another medium without
permission. This includes, publishing photographs on the
internet, making a sound recording of a book, and so on.
Copyright does not protect ideas for a work. However, when an
idea is fixed, for example in writing, copyright automatically
protects it. This means that you do not have to apply for
copyright.
A copyright protected work can have more than one copyright, or
another intellectual property right, connected to it. For
example, an album of music can have separate copyrights for
individual songs, sound recordings, artwork, and so on, whilst,
copyright protects the artwork of your logo, but you could also
register the logo as a trade mark.
see also
Copyright
Resources in the IPAN website
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note: text extracted from design pages of the
UK
Intellectual Property Office website: Crown copyright ©2006 acknowledged
page last updated:
24 Sep 2008
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