Designs: Design rights

If creating or commissioning original designs is part of your business, this section will guide you on how to protect them from competitors. Usually the best way to protect designs is to register them, as this makes it easier to enforce your rights. This section covers why you might want to register a design in the or elsewhere, how to search for others' existing designs, and who owns the rights in designs created by people working for you. It also covers how to monitor for infringements.

Identifying design rights in business situations

  1. 1.What is a design right?
  2. 2.What is an unregistered design right?
  3. 3.How do I recognise an unregistered design right?
  4. 4.What is a registered design right?
  5. 5.How do I recognise a registered design right?
  6. 6.Should I register my design or rely on my unregistered design rights?
  7. 7.What should I consider when deciding whether to register my design right?
  8. 8.What are the commercial advantages of registering my design right?
  9. 9.What designs are registrable in both the UK and the EU?
  10. 10.How can I check whether my design is registrable?
  11. 11.Are there any designs that I cannot register in the UK or EU?

Searching for registered designs and design applications

  1. 12.How do I search for a registered design or design application that applies in the UK?
  2. 13.Can I search for unregistered designs?
  3. 14.How do I conduct a search using Designview?
  4. 15.How do I find a design using text that appears on it?
  5. 16.How do I find a design using the design number or application number?
  6. 17.How do I find a design using the owner's name?
  7. 18.How do I find a design using the designer's name?
  8. 19.How do I find a design using the design owner's representative's name?
  9. 20.Can I ask the UK IPO to carry out a design search for me?

Understanding design search results

  1. 21.How do I understand the results of a design search?
  2. 22.What does the application date in a design search result mean?
  3. 23.What does the filing date in a design search result mean?
  4. 24.What does the effective date in a design search result mean?
  5. 25.What does the registration date in a design search result mean?
  6. 26.What does the publication date in a design search result mean?
  7. 27.What does the expiry date in a design search result mean?
  8. 28.What do the priority details in a design search result mean?
  9. 29.What does the status 'application published' in a design search result mean?
  10. 30.What does the status 'registered and fully published' or 'registered and subject to deferment' in a design search result mean?
  11. 31.What does the status 'lack of effects' or 'design surrendered' in a design search result mean?
  12. 32.What does the status 'design declared invalid' or 'invalidity procedure pending' in a design search result mean?
  13. 33.What does the status 'expiring' or 'design lapsed' in a design search result mean?
  14. 34.Should I apply to register my design in the UK, EU or internationally?

Registering designs

  1. 35.How long will it take to register my design?
  2. 36.Can I apply to register multiple designs in one application form?
  3. 37.How much will it cost to apply to register my design?
  4. 38.How much will it cost to register my design in the UK?
  5. 39.How much will it cost to register my design in the EU?
  6. 40.How long am I protected for if I register my design?
  7. 41.When should I apply to register my design?

Registering a design in the UK

  1. 42.How do I apply to register my design in the UK?
  2. 43.What happens if my application to register my design in the UK is not successful?
  3. 44.What happens if my application to register my design in the UK is successful?

Registering a design in the EU

  1. 45.How do I apply to register my design in the EU?
  2. 46.What happens if my application requires amendment or the EU IPO needs additional information?
  3. 47.What happens if my application to register my design in the EU is unsuccessful?
  4. 48.What happens if my application to register my design in the EU is successful?

Renewing a design registration

  1. 49.How do I renew my UK design registration?
  2. 50.How much will it cost to renew my UK design registration?
  3. 51.How do I renew my EU design registration?
  4. 52.How much will it cost to renew my EU design registration?
  5. 53.Can I make a late application to renew my UK design registration?
  6. 54.What is the process for applying up to six months late to renew my UK design registration?
  7. 55.How much will it cost for a late application to renew my UK design registration?
  8. 56.What is the process for applying up to 12 months late to renew my UK design registration?
  9. 57.Can I make a late application to renew my EU design registration?
  10. 58.How much will it cost to make a late application to renew my EU design registration?

Protecting designs without registration

  1. 59.What designs will be protected by unregistered design rights in the UK?
  2. 60.Are there any designs that cannot be protected by unregistered design rights in the UK?
  3. 61.What rights do I have to protect my unregistered designs in the UK?
  4. 62.Can I sue if someone copies my unregistered design in the UK?
  5. 63.Who owns the rights to my unregistered designs in the UK?
  6. 64.How long do my unregistered design rights last for in the UK?
  7. 65.What designs will be protected by unregistered design rights in the EU?
  8. 66.What requirements must my design meet in order to qualify for unregistered design rights in the EU?
  9. 67.Are there any designs which cannot be protected by unregistered design rights in the EU?
  10. 68.What rights do I have to protect my unregistered designs in the EU?
  11. 69.Who owns the rights to my unregistered designs in the EU?
  12. 70.How long do my unregistered design rights last for in the EU?

Design rights and Brexit

  1. 71.How did Brexit affect my registered design in the UK?
  2. 72.How did Brexit affect my design registered in the EU?
  3. 73.How did Brexit affect my design registered internationally?
  4. 74.Can I still apply to register a design in the EU?
  5. 75.How did Brexit affect UK unregistered design rights?
  6. 76.How did Brexit affect my unregistered EU design rights?

Employees and design rights

  1. 77.Who owns designs created by employees?
  2. 78.What can I do to protect designs created by employees?
  3. 79.How do I include appropriate clauses in employment contracts to ensure my business owns designs created by employees?
  4. 80.How can I register a design to ensure my business owns the intellectual property created by employees?
  5. 81.What can I do to make sure designs belonging to my business are not stolen or misused by my employees?
  6. 82.How long can my business keep designs created by employees?
  7. 83.Do I have to give credit to or pay employees for designs they create for me?

Freelancers and consultants and design rights

  1. 84.Who owns designs created by consultants and freelancers?
  2. 85.What can I do to protect any designs created by consultants and freelancers?
  3. 86.How do I include appropriate clauses in contracts to ensure my business owns any designs created by consultants or freelancers?
  4. 87.How do I register a design to ensure my business owns the intellectual property created by a consultant or freelancer?
  5. 88.How do I stop consultants and freelancers from misusing my business's designs?

Designs commissioned from another business

  1. 89.Who owns the rights to designs I have bought, outsourced or commissioned?
  2. 90.What can I do to ensure my business owns any designs created by commissioned businesses?
  3. 91.How do I include appropriate clauses in contracts to ensure my business owns designs created by commissioned businesses?
  4. 92.How do I register a design to ensure my business owns it when created by a commissioned business?
  5. 93.How can I ensure that commissioned businesses do not misuse my company's designs?

Monitoring for design infringement

  1. 94.How do I know if my design rights have been infringed?
  2. 95.How do I know if my registered design rights have been infringed?
  3. 96.How do I know if my unregistered design rights have been infringed?
  4. 97.How do I monitor for people using my designs without my permission?
  5. 98.Can I hire someone to monitor whether other people are using my designs without my permission?
  6. 99.What should I do if I discover that someone is using my designs without my permission?

Step-by-step guide to filling in the UK design registration form

This step-by-step guide to filling in the UK design registration form explains how to complete the paper application form (Form DF2A) to apply to register a design with the UK Intellectual Property Office (UK IPO). This guide will help you to fill out the application form properly, which should help you to avoid common pitfalls and minimise the risk of delays with your application. Alternatively, consider applying online for a UK design registration (this is quicker and slightly cheaper). For a guide on filling out the online application form see Step-by-step guide to applying for UK design registration online . Registering a design gives you broader protections against competitors copying your design than relying on unregistered design rights. For further information on what you can register as a design and when it is advisable to do so, see Designs: Design rights . You can also buy this guide as part of the Protecting IP and confidential information toolkit .
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Employment contract

An employment contract sets the legal terms of employment between an employee and the employer. This includes salary, hours of work and responsibilities and duties. It might also be referred to as a contract of employment or employment agreement. Use this employment contract to hire a junior or senior employee in a permanent or temporary role. Note that this employment contract is not suitable for hiring annualised hours employees or part-year workers. It’s important to use proper contracts when hiring new employees to comply with the law and to protect your business. This contract contains all of the information you’re legally required to give to new employees in writing about their terms of employment and it’s fully customisable to your individual requirements and the role. It also contains key clauses to protect your business during the course of the employment relationship, including to safeguard your intellectual property and confidential information.
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