Designs and Copyright

There are numerous ways of protecting the appearance of your designs and creations. Any one or more of the following rights may be useful in protecting your product, particularly if the product does not reach the technical threshold and/or originality threshold for a patent.

Artistic copyright

Copyright can protect original artistic works e.g. a painting, drawing, engraving, photograph, sculpture, collage, building, or a work of artistic craftsmanship, with certain exceptions. One drawback of this right is that ownership, and copying, must be proved for a finding of infringement.

UK unregistered design right

This right can protect the shape and configuration, internal or external, of whole or part of an article, with certain exceptions. Again, copying is required for a finding of infringement. So, they cannot be used to stop a competitor that says they made articles to the design independently of you, unless you can prove otherwise.

European Community unregistered design right

This right can protect designs of shape, lines, contours, colours, texture, materials, ornamentation, which are new and have individual character, with certain exceptions. Again, copying is required for infringement, limiting their usefulness against competitors who independently make articles to the same design.

UK Registered Design and European Community Registered Design

These rights can protect designs of shape, lines, contours, colours, texture, materials, ornamentation, which are new and have individual character, with certain exceptions. These rights do not require proof of copying. In other words, they can be used against some one who makes artciles to the deisgn, even if they are unaware of your design. This aspect can make registered rights more useful in terms of enforcement of the rights.

International Design Registration

An application for international design registration offers the possibility of obtaining protection for industrial designs in up to about 82 countries through a single international application. These countries include the EU, and, consequently, the UK. From June 2018, the UK can be designated independently of the EU. Other notable countries include Japan, Norway, Republic of Korea, Singapore, Switzerland, and the United States of America. 

Design services

We offer the following services in relation to designs and artistic copyright:

  • Advice in relation to suitability of artistic copyright, UK and EU unregistered design right, and UK and EU registered design to protect your design, and scope of coverage.

  • Preparing, filing and processing applications for UK registered designs.

  • Preparing, filing and processing applications for EU registered designs.

  • Preparing, filing and processing applications for International Design Registration.

  • Renewal of UK, EU & International Registered designs.

  • Advising on enforcement of UK & EU Registered designs.

  • Advising on validity of UK & EU Registered designs.

Please contact us to obtain a free and no obligation estimate.