Design rights and Registered designs

These rights afford protect to the physical appearance of objects but not their technical workings.

Design rights

Design rights (or unregistered design rights) apply to new, non-commonplace, designs of the shape or configuration of the whole or part of an article. Design rights are automatic rights which do not need to be applied for, they exist as soon as the design is recorded or made. Semiconductor topography rights, which protect the layout or design of semiconductors/semiconductor products are also under protected under Design right legislation.

Design rights are not monopoly rights, owners are obliged to grant a licence on request, but rights to prevent copying and unauthorised dealing. Rights last until 10 years after first sale of products made to the design, subject to a maximum of 15 years from creation of the design.

Registered designs

Registered designs are monopoly rights which protect the shape and external appearance of the whole or individual parts of products. To qualify for protection a design of a product or item must be ‘new’ and have ‘individual character’. Registered design protection needs to be applied for and can last up to 25 years.