What type of design can be registered?
It is possible to register the appearance of whole or part of a product resulting from features of:
- lines
- contours
- colours
- shape
- texture
- materials
- ornamentation
A product can include the packaging, get up, graphic symbols, typographic type faces and visible parts.
What is Registered Design Insurance?
Intellectual Property Insurance from Charles Milnes and Company includes Registered Design Insurance and enables companies to defend themselves against claims they have infringed competitor's registered designs, and to challenge competitors who infringe their own registered designs.
Registration
In order for an owner to obtain a registered design right it must fulfill the following requirements:
- The design must be new. This means that there is either no identical design or design differing in only immaterial details which have previously been made available to public.
- The design must have individual character. It will fulfill this requirement if the overall impression it gives to an informed user differs from the overall impression created by designs previously published.
- The design must not already be available to the public i.e. not published, exhibited or used in the trade. It should also be noted that a design will not be registered if:
- the features are dictated solely by the technical function i.e. contact lenses; or
- it is interface designs (mechanical fittings i.e. plugs and springs); or it is contrary to law or morality.
Duration
The duration of protection is 5 years initially but it can be extended every 5 years for a further 5 years. A maximum of 4 extensions can be made (25 years protection). Once registered it can be bought, sold or licensed.
It typically takes about 3 months for a UK design to be registered and about 6 months for a Community design to be registered.
Rights Granted
A registered design right provides protection to the owner to prevent others from making, offering, putting on the market, importing or exporting any product incorporating the design or any design which does not produce a different overall impression.
Unregistered Design Insurance
Unregistered Design Rights
Unregistered Design Right arises automatically in relation to the original shape or configuration of certain articles.
What is Unregistered Design Insurance?
Intellectual Property Insurance from Charles Milnes and Company includes Unregistered Design Insurance and enables companies to defend themselves against claims they have infringed competitor's unregistered designs, and to challenge competitors who infringe their own unregistered designs.
Duration
Unregistered Design Right lasts for up to 15 years from the end of the calendar year in which the design was first recorded or manufactured.
The period will be shorter if the design was exploited commercially within the first five years.
Rights Granted
The owner of an unregistered design right has the exclusive right to reproduce the design for commercial purposes. He may also be able to prevent third parties from dealing with goods which infringe his unregistered design right.
