Step-by-step guide to filling in the UK design registration form
Employment contract
A A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission. can protect your original design from being copied by someone else. There are two different types of design rights – registered and unregistered – which can protect the look or appearance of a product from being copied. Examples of the kinds of Also referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. in which design rights can exist range from Symbols or other recognisable marks used by a business to identify their products., graphic designs and computer icons, to packaging and clothing The rights do not necessarily arise by reference to a particular product, but rather to the shape or look of either the whole or part of that product; for example a A design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. right in a motif used on wallpaper will be infringed if a A person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. uses that same motif on another product, such as a rug.
See Q&A 2 for more information on unregistered designs.
See Q&A 4 for more information on Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right..
A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights arise automatically in both the United Kingdom of Great Britain and Northern Ireland and the The European Union if the relevant criteria are met, although the protection differs slightly in each jurisdiction. For example, in the United Kingdom of Great Britain and Northern Ireland, A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights will protect either the shape or configuration of the whole or part of an article for up to 15 years, whereas in the The European Union, A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights will automatically protect the appearance of the whole or part of any industrial or handicraft product resulting from its features, including its lines, contours, shape, texture and materials, but only for up to 3 years.
See Q&A 6 for more information about what can be protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the United Kingdom of Great Britain and Northern Ireland and The European Union, and how long that protection will last.
In some cases, design rights can exist in addition to:
A legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. (eg in relation to some artistic works) (see Writing, music, pictures and code: Copyright for more information about A legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission.); or
Distinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses. (eg in relation to Symbols or other recognisable marks used by a business to identify their products.) (see Names and logos: Trade marks for more information about Distinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses.).
As A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights arise automatically, it can be difficult to know when a A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission. has been created.
A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights arise in the United Kingdom of Great Britain and Northern Ireland as soon as the relevant designs are recorded in some way (eg in a drawing) and in the The European Union, as soon as they are made available to the public. You should therefore consider whether such a right has arisen as soon as you believe that either you or your Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. (during the course of their employment) have created an original design. See Q&A 59 and following for more information about the eligibility criteria for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights and practical steps you can take to protect your design once you believe an unregistered right may have arisen. See also Q&A 77 for guidance on what to do when your An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. creates a design.
It is possible to gain enhanced protection for your design by applying to register it in either the United Kingdom of Great Britain and Northern Ireland (with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights.), the The European Union (with the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs.) or internationally. Registration can protect your design for a total of up to 25 years from the registration date in the United Kingdom of Great Britain and Northern Irelandor 25 years from the filing date in the The European Union. See Q&A 8 for more information about the advantages of applying to register your design.
The relevant criteria to be met in order to be able to register the design are set out in Q&A 9.
If you register your design, during the period that your design is protected no one else will be able to make, offer, import, export, market, stock or otherwise use the product you have registered your design in without your permission. This goes for not only anything identical to your design, but also anything that gives the same overall impression to someone who has a good knowledge of the market – essentially a design that looks too similar to yours. It does not matter whether the competitor could have actually copied your design or not. Therefore, if someone else sells a product whose design is the same, or similar to yours, they will infringe upon your design rights.
In some cases, design rights can exist in addition to:
A legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission. (eg in relation to some artistic works) (see Writing, music, pictures and code: Copyright for more information about A legal protection which gives people who create literary, musical, artistic or certain other types of work the exclusive right to use the work, meaning that others cannot generally use it without the owner's permission.); or
Distinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses. (eg in relation to Symbols or other recognisable marks used by a business to identify their products.) (see Names and logos: Trade marks for more information about Distinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses.).
To find out whether someone else has a right over a particular design, you can search the relevant design registers to see whether a design has been registered in the United Kingdom of Great Britain and Northern Ireland, the The European Union or internationally. For more information on how to conduct these searches see Q&A 12.
You also need to be aware that even if a design is not registered, someone may still have an unregistered right in it; the easiest solution is therefore to simply avoid copying anyone's work. See Q&A 2 and Q&A 3.
The chief difference between registered and A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights is how much protection they give you. If you rely on your default, A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in both the United Kingdom of Great Britain and Northern Ireland and the The European Union, you can only stop competitors from directly copying your designs. If you register your designs in either the United Kingdom of Great Britain and Northern Ireland or the The European Union, you get much broader rights (in the place you have registered) to stop others from using designs too similar to yours, whether they have actually copied them from you or not.
Generally, any qualifying design is automatically protected from copying in both the United Kingdom of Great Britain and Northern Ireland and The European Union once you have made it public in some way in the relevant place. See Q&A 59 for the specifics of how to tell if your design qualifies for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the United Kingdom of Great Britain and Northern Ireland and Q&A 65 for the The European Union equivalent.
You can register most designs with the appropriate A product of human creativity such as copyrights, trademarks, patents and designs. office in either the United Kingdom of Great Britain and Northern Ireland or the The European Union, giving you enhanced protection from competitors using your designs. The rules for what you can register and the rights you get in return are very similar for both; an The European Union registration will protect your design throughout the The European Union, whereas a United Kingdom of Great Britain and Northern Ireland registration is limited in effect to this country.
It is a commercial decision for you as to whether you wish to register your designs to protect them. You should note that regardless of whether you choose to register designs or rely on A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights, you have to police and enforce them yourself. There is no official body that will do so for you. See Q&A 94 and following for guidance on how to go about this.
See Q&A 7 for guidance on what to consider when deciding whether to register your A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission..
Factors to consider when deciding whether to register include:
Longevity of your design
Registration takes time and money and may not be suitable if you trade in a fast-moving industry where designs can be fairly disposable, eg some areas of fashion.
Extent of the protection you need
Registration in either the United Kingdom of Great Britain and Northern Ireland or the The European Union gives you more rights than the equivalent rules covering unregistered designs.
If you register your design, during the period that your design is protected no one else will be able to make, offer, import, export, market, stock or otherwise use the product you have registered your design in without your permission. This goes for not only anything identical to your design, but also anything that gives the same overall impression to someone who has a good knowledge of the market – essentially a design that looks too similar to yours. It does not matter whether the competitor could have actually copied your design or not.
Further, Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. are publicly available on the searchable EU IPO register (if registered in the The European Union) and/or the UK IPO register (if registered in the United Kingdom of Great Britain and Northern Ireland). Your competitors will be able to see the rights that you assert and the date from which they started. It significantly reduces the likelihood of any dispute as to whether they have infringed your rights or not, usually leading to a swifter A formal decision made by the directors or members of a company, which binds the company once it is passed. once you have made them aware of their infringement.
Note, however, that neither the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. nor the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. will check other Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. to see if yours is too close to a competitor's before registering it, so be aware that a successful registration is not necessarily conclusive. A competitor can apply to have your registration invalidated if eg they can prove prior registration of a very similar design.
Unregistered designs in both the United Kingdom of Great Britain and Northern Ireland and The European Union attract a much lower level of protection. They only entitle you to object if someone else has copied your design. If the designer of a very similar item has come up with it without seeing your work, you have no right to object.
Length of protection you need
Registration offers the longest period of protection. If you register your design rights in either the United Kingdom of Great Britain and Northern Ireland or the The European Union, your design will be protected from the date you made your application. The initial protection period is 5 years and you can renew every 5 years up to a total of 25 years.
In the United Kingdom of Great Britain and Northern Ireland, your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights last for 15 years from the end of the calendar year your design was first created (whether on paper or made into an article), or 10 years from the end of the calendar year it was first made available for sale, if that expires first. Note that in the last five years of A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right protection, you must grant a licence to make or sell products incorporating your design to anyone who asks, even if they are a direct competitor who wishes to use your design to undercut your business. See Q&A 70 for full details.
In the The European Union, your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights are even more short-lived, starting at the date you make your design public and lasting only three years.
You should be aware that others will still be able to use your design after you have registered it in certain special cases. This may be, for example, where your design is used for teaching or experimental purposes, or for private, non-commercial purposes.
For whether your design qualifies for registration, see Q&A 9.
For whether you should register in the United Kingdom of Great Britain and Northern Ireland or the The European Union, see Q&A 34.
The commercial advantages of registering your design are:
Certainty of ownership
If you successfully register your design, you can be sure that the design belongs to you. Your design will be entered onto a design register, providing concrete evidence that it is valid and recognised by law.
Stronger protection
You can be certain that your design will be protected for a certain amount of time. Registration can protect your design for a total of up to 25 years from the registration date in the United Kingdom of Great Britain and Northern Ireland or 25 years from the filing date in the The European Union. See Q&A 40 for more information about the duration of design rights. During this time, no one else will be able to make, offer, import, export, market, stock or otherwise use a product in which your design is The legal process to have formed a company. without your permission. This restricts use of your design not only where it has been copied directly, but also in cases where it has been independently created by a A person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract..
An A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right is only protected from slavish copying. Only designs that have been directly copied from yours will infringe upon your design rights. In other words, if the designer of a very similar item has come up with it without seeing your work, you have no right to object. If however someone makes an outright copy of your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. having seen it, you can take legal action to stop them. See Q&A 6 for more information.
The process of resolving a dispute between parties, whether through formal processes such as litigation or arbitration, or more collaborative processes such as mediation.
If your design is copied by a A person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract., it will be much easier for your to prove your right if it is registered as your design will be recorded on a relevant design register. If your A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission. is not registered, you will need to compile evidence that you originally created the design and you are more likely to have to go to court to protect it if a dispute arises.
You should be aware that others will still be able to use your design after you have registered it in certain special cases; for example where your design is used for teaching or experimental purposes, or for private, non-commercial use only.
For more information about where you can apply to register your design (ie in the United Kingdom of Great Britain and Northern Ireland, The European Union or internationally) and the registration process generally, see Q&A 42 and following.
The rules as to what sort of designs can be registered are the same in the United Kingdom of Great Britain and Northern Ireland and the The European Union. You can register the appearance of a part, or the whole, of almost any industrial or handicraft product in the United Kingdom of Great Britain and Northern Ireland, The European Union or internationally (full coverage of international registration is outside the scope of this service). Registration prevents your competitors from making, offering, importing, exporting, marketing, stocking or otherwise using the product you have registered your design in (or anything too similar) without your permission.
The scope of what you can register in both the United Kingdom of Great Britain and Northern Ireland and the The European Union is extremely broad. Examples of the kinds of products in which you can apply to register a design range from kitchen appliances, packaging and clothing or textile materials to Symbols or other recognisable marks used by a business to identify their products., graphic symbols or patterns, computer icons or the layout of a website homepage. You can even register designs in building materials, bridges, and buildings themselves. Your design must be new and individual (eg not too similar to anything that has gone before – it must make a different overall impression from any earlier designs of the same product). It can be made up of lines, contours, colours, shape, texture and/or decoration on a part, or the whole, of the product in question, including packaging.
If you are unsure whether your design is registrable, there are some checks you can carry out:
To check your design's originality:
You can search the online design registers of United Kingdom of Great Britain and Northern Ireland and The European Union designs to see if your design is sufficiently original. See Q&A 12 for how to conduct these searches effectively.
If you wish, you can pay the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. to search the United Kingdom of Great Britain and Northern Ireland register for you and report back with their findings. Send them Form DF21 and pay the fee of £24. You must send in a separate form for each design that you ask them to search.
To check whether your design can be registered:
There is an international system for classifying the products in which you can register designs. It is called the Locarno classification. If you are unsure whether you can apply to register a design in a particular product, you can search the online EuroLocarno Database for it. If you find the product category in the A set of data, stored and accessed electronically. , it is possible to register a design of it. You may have to try different descriptive words if you cannot find your product type immediately, or browse the full list of classes and subclasses for the closest fit.
There are a few types of designs which you cannot register in either the United Kingdom of Great Britain and Northern Ireland or the The European Union. You cannot register:
Designs which are purely functional
If your entire design only looks the way it does because it makes your product function, you cannot register it.
For example, the design of a paper shredder designed solely to shred paper effectively and safely will not be registered, but if the design extends to making the shredder look sleek and streamlined, there will be no issue registering it.
Designs which look as they do because they must in order to fit in, around or against something else
For example, the shape of a coffee pod for a particular brand of coffee machine cannot be registered as a design because it has to be the shape it is in order to fit into the machine.
Designs which are immoral or offensive
It is rare for a design to be barred on this ground, but for example, if your design makes use of a racist message or image, your application to register it can be refused.
Designs which include protected symbols
Using national flags, coats of arms or the Olympic rings without permission will render your design unregistrable.
The easiest way to do this is to use DesignView. This website allows you to search for all Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. that are applicable in the United Kingdom of Great Britain and Northern Ireland, which includes those that have been registered in the United Kingdom of Great Britain and Northern Ireland, in the The European Union and internationally. It is important to ensure that your search covers all three types of A design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. , because all are applicable to United Kingdom of Great Britain and Northern Ireland designs (eg a design registered internationally can prevent you from registering the same or similar design in the United Kingdom of Great Britain and Northern Ireland). Note that your search will not find unregistered designs; see Q&A 13 for further information about this.
How you use DesignView to search for designs depends on the information you have available and what exactly you are searching for; see Q&A 14 and following for further information.
Note that it is possible to ask the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. to perform a United Kingdom of Great Britain and Northern Ireland designs search for you; see Q&A 20 for further information.
In addition to using DesignView to search for Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. that apply in the United Kingdom of Great Britain and Northern Ireland, you can use eSearch plus to upload up to seven images of your design and find similar Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. registered in the The European Union. eSearch plus will not find designs similar to yours that are only registered in the United Kingdom of Great Britain and Northern Ireland or are registered internationally. Make sure the images you upload are high quality with neutral backgrounds, show the correct selection area, and show different angles of the design. Avoid uploading common and simple shapes (like circles) as this will generate a large number of results. Use different types of representation to carry out your searches such as pictures, drawings, etc, to maximise your chances of a successful search.
There is no way to perform a search for unregistered designs using a search engine such as DesignView; only Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. will come up in your search results. To search for unregistered designs, you could undertake internet searches, consult existing literature in your industry, visit trade fairs, etc.
See Q&A 59 and following for further information about the rights surrounding unregistered designs.
If you know the number of the design you wish to find, see Q&A 16.
Otherwise, once on the DesignView website:
Click on the 'advanced search' button.
Select the United Kingdom (Great Britain) in the 'Territories' drop-down menu. This will ensure that your results only contain Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. that are applicable in the United Kingdom of Great Britain and Northern Ireland (and therefore relevant for your business).
In the 'Offices' drop-down menu, select 'Great Britain United Kingdom (UKIPO)', 'EM The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. (The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs.)' and 'WO The World Intellectual Property Organisation. The international organisation which manages international trade marks, patents, and design rights. (The World Intellectual Property Organisation. The international organisation which manages international trade marks, patents, and design rights.)'. This will ensure that you receive results regarding designs that have been registered in the United Kingdom of Great Britain and Northern Ireland, in the The European Union and internationally. It is important to ensure that your search covers all three types of A design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. , because all are applicable to United Kingdom of Great Britain and Northern Ireland designs (eg a design registered internationally can prevent you from registering the same or similar design in the United Kingdom of Great Britain and Northern Ireland).
If you are conducting a general search for a type of product:
In the 'indication of the product' field, state what the product is (eg water bottle, book shelves, table) and click the 'contains mode' option. This will ensure that all derivations of the word (including plurals, for example) are returned in the search. If it is possible that your product could be described in a number of different ways, you should perform the search multiple times using the different possible descriptions.
Additionally or alternatively, you can use the 'Locarno' box to enter the relevant Locarno classification. Locarno is an international classification system for Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right.. Every design will fall into a category, each one of which appears in the drop-down list in the Locarno classification box. Once you have selected a category, you can also select a sub-category from the drop-down list in the Locarno sub-classification box.
If you are conducting a general search for a type of product, you can leave it here and click 'Search' to bring up your results.
However, if you wish to conduct a more specific search, you can narrow down the search as follows:
First, you should follow the steps set out in Q&A 14 to set up your search in DesignView.
Then select the 'verbal element' field, which allows you to enter any readable element of the design. This can include words, letters, numbers, keyboard signs and punctuation. For example, if the design you are looking for contained the expression 'Cool!', you could include that in your search to narrow down the results that you receive.
However, you should exercise caution when using this option, because it may not bring up what you are looking for. The design registered may not have included the verbal elements you entered and if this is the case, it is still possible to infringe on the A design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. without the particular verbal elements in it. You should therefore conduct a more general search as well.
If you have the design number or design application number you are looking for, it is very simple to search for it.
Go to the DesignView website and click on the 'advanced search' button.
Simply enter the design number into the 'Design number' box. This can either be the general design registration number, for example 'D080413', which will bring up all of the designs within a registration (many design applications contain multiple designs). Alternatively, you can find a specific design within the registration by entering the design number with a four digit code on the end, for example 'D080413-0002'.
If you are searching for a design that has been applied for by not yet registered, you can enter the design application number into the 'Application number' box. If there are multiple designs within the application, this will bring up all of them; it is not possible to search for individual designs until the design has been registered, so you will have to identify them using the images.
First, you should follow the steps set out in Q&A 14 to set up your search in DesignView.
You can then narrow down the search by entering the owner's name into the 'Owner name' box. Designs can be transferred between owners, so if you want to search by previous owner you can enter their name into the 'Previous owner name' box.
The designer is the individual who designed the product and may, for example, work for the owner A private company limited by shares incorporated and registered in England and Wales. .
To search by designer, first you should follow the steps set out in Q&A 14 to set up your search in DesignView.
You can then narrow down the search by entering the individual designer's name into the 'Designer name' box.
It is possible to search for a design by the owner's representative's name. This is usually the lawyer or legal professional who has filed the registration on behalf of the owner.
First, you should follow the steps set out in Q&A 14 to set up your search in DesignView.
You can then narrow down the search by entering the representative's name into the 'Representative's name' box.
Yes, you can pay the In relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). to search for a particular design for you, but they will only search the United Kingdom of Great Britain and Northern Ireland The collection of designs which have been registered with the UK's Intellectual Property Office (the governmental department in charge of intellectual property). (not designs registered in the The European Union and internationally).
If you want the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. to search the United Kingdom of Great Britain and Northern Ireland register for you and report back with their findings, send them Form DF21 and pay the fee of £24. You must send in a separate form for each design that you ask them to search for.
Various pieces of information will come up in the search results for particular designs. These include the following:
Key dates may appear in the 'Design' and 'Publication' tabs listed on the left hand side of the screen. See Q&A 22 and following for information about what the various dates mean.
Priority details may appear in the 'Priority' tab on the left hand side of the screen. See Q&A 28 for guidance about what the priority details mean.
Details about the status of the design may appear in the 'Design' tab on the left hand side of the screen. See Q&A 29 and following for information about what the status details mean.
The application date is the date on which the application for the registration of a design was made to the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office.
For more information about the stages in the registration process, see Q&A 42 and following.
The filing date is the date on which the application was filed and assigned a filing date by the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office; this may be the same date as the application date, depending on whether the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office deals with it immediately or not.
For more information about the stages in the registration process, see Q&A 42 and following.
The effective date is the date on which the design started to be protected. In both the United Kingdom of Great Britain and Northern Ireland and the The European Union, a design will be protected from the filing date unless it has an earlier priority; see Q&A 28 for further information about what priority means.
For more information about the stages in the registration process, see Q&A 42 and following.
The registration date is the date on which the design was registered by the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office. In the United Kingdom of Great Britain and Northern Ireland, this usually happens within a two weeks of the application having been made and in the The European Union it usually happens within a couple of days of the online submission, although in both cases it will take longer if there are issues with the application, such as objections.
For more information about the stages in the registration process, see Q&A 42 and following.
The publication date is the date on which the design is made available to the public by the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office. This usually happens at the same time as registration, although it is possible to request that the publication date is deferred (for example if you want to spend more time setting up a marketing campaign before releasing a new product). In that case, it will be published on the deferred date.
The expiry date is the date the design's protection will expire if it is not renewed. In both the United Kingdom of Great Britain and Northern Ireland and the The European Union, a design will be protected from the application date. The initial protection period is 5 years and you can renew every 5 years up to a total of 25 years.
For more information about the stages in the registration process, see Q&A 42 and following.
A person who has already applied to register a design in one of the countries or territories on this list has what is known as priority if they then apply to register a design elsewhere within six months of the first application; the second design will be protected from the date on which the first application was made.
For example, if an application to register a design is made in France on 1 January 2018, and a subsequent application is made in the United Kingdom of Great Britain and Northern Ireland on 1 May 2018, the A trade mark registered under UK law by the UK Intellectual Property Office (UKIPO). will have protection from 1 January 2018. In other words, the protection is back-dated to the earlier application.
If a design has priority, the details will show in the 'Priority' tab on the left hand side of the screen.
For more information about the stages in the registration process, see see Q&A 42 and following.
In the 'Design' tab of a design search result, you will see entries for 'Design current status code' and 'Design current status date'. This indicates the current status of the design during its life until its expiry. For more information about the stages in the registration process, see Q&A 42 and following.
The status 'application published' means the design application has been published but registration is still pending.
In the 'Design' tab of a design search result, you will see entries for 'Design current status code' and 'Design current status date'. This indicates the current status of the design during its life until its expiry. For more information about the stages in the registration process, see Q&A 42 and following.
The status 'registered and fully published' means that the design has been registered and full details of it have been published.
The status 'registered and subject to deferment' means that the design has been registered but publication of the full details of it has been deferred until a later date (only basic details are published during the deferment period). This can be requested by the applicant; they may, for example, want to spend more time setting up a marketing campaign before releasing a new product.
In the 'Design' tab of a design search result, you will see entries for 'Design current status code' and 'Design current status date'. This indicates the current status of the design during its life until its expiry. For more information about the stages in the registration process, see Q&A 42 and following.
The status 'lack of effects' means that the design is not registered and is deemed not to have had any effect from the point at which it was registered. For example, it may not have been fully published in time, rejected by the relevant Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. office, or the applicant may have A tenancy is surrendered when the landlord and tenant agree that the tenancy will immediately come to an end. the application.
The status 'design A tenancy is surrendered when the landlord and tenant agree that the tenancy will immediately come to an end.' means the design's holder A tenancy is surrendered when the landlord and tenant agree that the tenancy will immediately come to an end. the design at some point after it was published. In this situation, it is deemed to have been protected up until the date it was A tenancy is surrendered when the landlord and tenant agree that the tenancy will immediately come to an end..
In the 'Design' tab of a design search result, you will see entries for 'Design current status code' and 'Design current status date'. This indicates the current status of the design during its life until its expiry. For more information about the stages in the registration process, see Q&A 42 and following.
The status 'design declared invalid' means that the design has been declared invalid; it is deemed never to have had any effect from the point at which it was registered.
The status 'invalidity procedure pending' means that the design has been challenged for invalidity, but the process is not yet complete.
In the 'Design' tab of a design search result, you will see entries for 'Design current status code' and 'Design current status date'. This indicates the current status of the design during its life until its expiry. For more information about the stages in the registration process, see Q&A 42 and following.
The status 'expiring' means that the deadline for renewal of the design (five years from the initial application date and every five years thereafter) has passed, but the holder is still within the six month grace period for renewal thereafter.
The status 'design lapsed' means that the design has expired and not been renewed.
Where you apply to register your design affects where it will be protected, so you should consider the reach of your business and the location of your main competitors. You can apply to register your design for protection:
in the United Kingdom of Great Britain and Northern Ireland only;
in the The European Union, across all member countries; or
internationally, in any or all of these international territories.
This service provides guidance on registering designs in the United Kingdom of Great Britain and Northern Ireland and the The European Union. When it comes to international registration, most countries have their own rules governing whether designs can be registered. As a result, coverage of the international registration process is outside the scope of this service. If you want to apply to register your design internationally (beyond the The European Union), you should seek independent legal advice.
If you apply to register your design in the United Kingdom of Great Britain and Northern Ireland, the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. will look at your application within two weeks of receiving it. If there is no issue with it, your design will be registered and published immediately (unless you have requested that the date of registration and publication be deferred, for example if you want to spend more time setting up a marketing campaign before releasing a new product, in which case it will be published on the deferred date). If there is a problem with your application, the process will take longer, eg if you need to deal with any objections to it.
If you apply to register your design in the The European Union, it will usually be registered within a couple of days of your online submission, unless you have requested the date of publication be deferred, in which case it will be registered immediately, and your details published, but the actual design will only be published on the deferred date. Again, if there is a problem with your application, for example if someone makes an objection, the process can end up taking some months.
In order to register your design quickly, it is very important that you avoid any of the pitfalls of the application process. This means making sure your design qualifies for registration (see Q&A 9), and taking care to fill out the application form properly (see Q&A 42 for United Kingdom of Great Britain and Northern Ireland applications and Q&A 45 for The European Union applications). You can also find step-by-step guidance for applying for United Kingdom of Great Britain and Northern Ireland design registration online at Step-by-step guide to applying for UK design registration online, and step-by-step guidance for applying for The European Union design registration online at Step-by-step guide to applying for EU design registration online. You can also purchase these guides as part of the Protecting IP and confidential information toolkit.
Note that you should use online services and communicate with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. by email where possible. You can find guidance on submitting forms to the In relation to intellectual property, the IPO is the Intellectual Property Office: the governmental department in charge of intellectual property matters. In relation to company shares, IPO stands for Initial Public Offering: the first time that a company's shares are admitted to listing on a regulated public market (such as the main market of the London Stock Exchange) or admitted to trading on another type of public market (such as AIM). here.
The United Kingdom of Great Britain and Northern Ireland and the The European Union have different application forms for design registration. Both allow you to apply to register multiple designs in one go. The The European Union application can be for multiple ornamental designs or multiple non-ornamental designs, provided in the latter case that all the designs can be grouped together in the same class of Physical items being sold. Distinguished from digital content and services, neither of which are physical items.. You can browse the full list of classes of Physical items being sold. Distinguished from digital content and services, neither of which are physical items. on the online EuroLocarno Database.
See Q&A 42 for how to apply to register a design in the United Kingdom of Great Britain and Northern Ireland and Q&A 45 for how to apply to register a design across the The European Union.
For information on how much it will cost you to apply see Q&A 37.
It will cost you a different amount to apply to register your design(s) depending on whether you apply in the United Kingdom of Great Britain and Northern Ireland or The European Union. Note that for both options, it is cheaper and easier to include multiple designs in one application where possible than to apply separately for different designs. See Q&A 36 for when this is possible.
For United Kingdom of Great Britain and Northern Ireland design registration costs, see Q&A 38.
For The European Union design registration costs, see Q&A 39.
It is much cheaper to make your United Kingdom of Great Britain and Northern Ireland application online. You can find step-by-step guidance at Step-by-step guide to applying for UK design registration online. You can also purchase this guide as part of the Protecting IP and confidential information toolkit.
This table sets out the United Kingdom of Great Britain and Northern Ireland costs system for applying to register design(s) on a single application form:
Number of designs | Cost (online application) | Cost (paper application) |
1 | £50 | £60 |
Up to 10 | £70 | £60, plus £40 for each design after the first one |
11 or more | £70 for the first ten designs, plus £20 per additional set of ten | £60, plus £40 for each design after the first one |
For example, if you want to apply to register 25 designs, applying online will cost £110 (£70 for the first ten designs, plus £20 for designs 11 to 20, plus £20 for designs 21 to 25). Registering the same designs by a paper application would cost £1,020 (£60 for the first design, plus £960 for the remaining 24 at £40 each).
Note that you should use online services and communicate with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. by email where possible.
Normally, if your application to register is successful, your United Kingdom of Great Britain and Northern Ireland design(s) will be registered and published in the Designs Journal. However, you can defer the registration and publication of your design(s), for example, if you want more time to develop a marketing strategy or apply for a A legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. before the designs become public. You have to pay £40 per design you wish to defer, on top of the normal application fees.
For guidance on how to defer registration of your design(s) (in the United Kingdom of Great Britain and Northern Ireland) see Q&A 42.
This table sets the The European Union costs system for applying to register design(s) on a single application form:
Number of designs | Cost |
1 | €230 registration fee plus €120 publication fee |
Up to 10 | €230 registration fee plus €120 publication fee, then an additional €115 registration fee and €60 publication fee for each design after the first one |
11 or more | A total of €1265 registration fee plus €660 publication fee for the first ten designs, then an additional €50 registration fee and €30 publication fee for each subsequent design |
For example, if you want to apply to register 12 designs, it will cost you €2085 in combined registration and publication fees. The quickest and safest way of working out your fees if you defer is to use the EU design fees calculator. If you wish to register and publish your design as soon as possible, select the appropriate number for both the registration and publication fees.
You can find step-by-step guidance at Step-by-step guide to applying for EU design registration online. You can also purchase this guide as part of the Protecting IP and confidential information toolkit.
Normally if your application to register is successful, your The European Union design(s) will be published in the Community Designs Bulletin. However, you can choose to defer the publication of your design(s), eg if you need more time to market your design before it can be publicly viewed. You have to pay an additional fee of one third of the publication fee to defer publication of your The European Union design(s). The online EU design fees calculator can be used to add this up. If you wish to defer publication, you must pay the registration and deferment fees at the time you apply and then the full publication fee as well when you want your design to be published.
For guidance on how to defer publication of your designs in the The European Union see Q&A 45.
Both in the United Kingdom of Great Britain and Northern Ireland and the The European Union, your design will be protected from the date you make your application. The initial protection period is 5 years and you can renew every 5 years up to a total of 25 years.
If you have recently applied to protect your designs in almost any other country, you can ask your United Kingdom of Great Britain and Northern Ireland or The European Union claim to be backdated so that your protection starts on the date you filed the earlier application, provided it is within the last six months.
During the period of protection, no one else will be able to make, offer, import, export, market, stock or otherwise use the product you have registered your design in without your permission. This goes not only for anything identical to your design, but also any other design that gives the same overall impression to someone who has a good knowledge of the market – essentially a design that looks too similar to yours.
Just before the first five year period expires, you have the option to renew your United Kingdom of Great Britain and Northern Ireland or The European Union registration for a further five years. You can repeat this expiry/renewal cycle of successive 5 year protection periods until you reach 25 years registration in total. After 25 years, you can no longer renew your registration, so your design protection will expire.
For guidance on how to renew the registration of your United Kingdom of Great Britain and Northern Ireland or The European Union design see Q&A 49 and following.
You are not legally required to apply to register your design at any particular time. However, the longer you take to apply, the greater the risk that someone else will beat you to it. If a competitor manages to make an identical or similar design available to the public before you file your application (eg by registering, publishing or otherwise using it for commercial purposes), your design will no longer be considered new or individual enough to qualify for the protection of registration.
If you do try to register a design after a competitor has started to use it, or something very similar, you may still manage to get it registered, as neither the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. nor the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. normally check your design to see whether it is sufficiently new or individual before registering it. In these circumstances, your registration would be vulnerable to attack. Anyone who can prove that they have made an identical or similar design available to the public before the date of your application can apply to invalidate your registration. If they are successful, you will lose your registration.
If you are concerned, you can pay the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. to search the United Kingdom of Great Britain and Northern Ireland register for you and report back with their findings as to whether your design is new or not. Send them Form DF21 and pay the fee of £24. You must send in a separate form for each design that you ask them to search.
You can also search the The European Union and/or United Kingdom of Great Britain and Northern Ireland design registers depending on where you intend to register. See Q&A 12 and following for guidance on how to conduct these searches.
Before you start the application process to register your design, you should check to make sure that your design is properly registrable, eg that it is sufficiently new and individual. See Q&A 9 for how to tell whether your design can be registered or not.
The registration process is as follows:
Fill out an online application form or paper form and file it with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights.. For how to fill out the online application form see Related resource: Step-by-step guide to applying for UK design registration online. You can also purchase this guide as part of the Protecting IP and confidential information toolkit. For how to fill out the paper application form, see Step-by-step guide to filling in the UK design registration form. It is quicker and easier to use the online service, but note that if you wish to register more than 50 designs at once, or (unusually) use more than 12 images to describe a single design, you must use the paper form.
Note that you should use online services and communicate with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. by email where possible.
Pay the required fee. For information on the fees payable, see Q&A 37.
The The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. will consider your application. Note that they only check it to see that you have filled in the application properly and to make sure that the illustrations of your designs are suitable eg clearly show your design against a plain background. They will not check your design against existing Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. to make sure it is new and individual before registering it.
The next steps depend on whether your application is successful or not:
If your design application is not successful, you will be notified of the reasons why. You then have two months to send any points you wish to make in response to the refusal to the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights.. You must do so in writing. Whether it is appropriate for you to press your application will depend on the reasons for refusal. For example, it may be quicker and easier for you to reapply with a slightly different design. You will have an opportunity for a hearing before the registrar dealing with your application who will reconsider their initial decision to refuse to register your design. The registrar will then send you a written decision with reasons.
You can appeal the registrar's final decision, but you should seriously consider whether it is worth the time and effort. It may be cheaper and easier to make changes to your design or application form and then re-apply. It is advisable to get legal advice before embarking on the appeal process, but do so quickly: depending on the reason for your appeal you have between 14 days and 6 weeks to lodge your appeal with the appropriate authority. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
If you want to appeal a decision, you should seek independent legal advice immediately. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
See Q&A 44 for guidance on what happens if your application is successful.
Your design will be registered and published in the Designs Journal. You will also receive a certificate of registration and publication, unless you have chosen to defer registration and publication for up to 12 months in your application form, eg because you need more time to complete your marketing strategy before your design is made public.
If you choose to defer registration and publication of your design, you must let the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. know when you want registration to take place to complete the process. Fill in Form DF2C, include the fee of £40 and send it to the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. when you are ready. If the 12 months end and you have failed to notify the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. that they can publish your design, your application will be struck off.
Before you start the application process to register your design, you should check to make sure that it is properly registrable, eg that it is sufficiently new and individual. See Q&A 9 for how to tell whether your design can be registered or not.
The registration process is as follows:
Fill out an online application with the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs.. For how to fill out the online application see Step-by-step guide to applying for EU design registration online. You can also purchase this guide as part of the Protecting IP and confidential information toolkit.
Pay the required fee. For information on the fees payable, see Q&A 37.
The The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. will consider your application. Note that they only check it to see that you have filled in the application properly and to make sure that the illustrations of your designs are suitable eg clearly show your design against a plain background. They will not check your design against existing Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. to make sure it is new and individual before registering it.
The next steps depend on whether your application is successful or not:
for guidance on what happens if your application requires amendment or the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. needs additional information, see Q&A 46;
for guidance on what happens if your application is unsuccessful, see Q&A 47; and
for guidance on what happens if your application is successful, see Q&A 48.
The The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. will write to you to explain what must be done. You must make these changes within two months of receiving the statement. If you need more time, you can ask for an extension, as long as you do so before the original two month period expires. The The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. usually grants your first extension request automatically. It is possible to ask the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. for a second extension, but it is much less likely that this will be granted. If you fail to remedy the problem or provide the requested information by the applicable deadline, your application will be struck off.
If you require an extension due to COVID-19, you should contact the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. or use our Ask a Lawyer service for access to a specialist lawyer in a few simple steps.
The The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. will give you a statement of reasons for its decision. You can appeal the decision to refuse your application if you wish. Before you decide to appeal, you should seriously consider whether it is worth the time and expense. It is often cheaper and easier to make changes to your design or application form and then re-apply.
If you want to appeal a decision, you should seek independent legal advice immediately. You must lodge any appeal with the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. (and pay the fee) within two months of the decision you are appealing. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
Your design will be normally be published in the Community Designs Bulletin. It will be protected in all member countries in the The European Union. However, you can choose to defer publication of your design in your application form. Deferral can be a useful option if you need more time to develop and market the product your design is registered in.
You can defer publication for up to 30 months beginning on the day you file your application. If you defer, only the design number, filing date, registration date and your name(s), as well as the fact that the design has been deferred, will be published initially. The representation of the design will be kept confidential .
You can ask for your design(s) to be published at any time within the 30 month period. If you do not ask for publication and the 30 months comes to an end, your design(s) will be published anyway as long as you have chosen the 'publish at expiry' option on the application form.
Once registered in the United Kingdom of Great Britain and Northern Ireland, your design will be protected from the date you made your application. The initial protection period is 5 years and you can renew every 5 years up to a total of 25 years. After 25 years, you can no longer renew your registration, so your design protection will expire.
You can apply for renewal in the last six months of your five year period of protection. The six month window ends on the day the five year protection period runs out.
To make a renewal application, you can apply online or fill out Form DF9A and send it off to the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. at Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. You should use online services and communicate with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. by email where possible.
The forms are self-explanatory. You can find your design number in your certificate of registration. You have to pay a fee to renew, so the form also asks for details of the fees you are paying. For information on the fees, see Q&A 50.
You will receive confirmation of your renewal from the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. once your documents and payment have gone through. Your design will be re-published in the Designs Journal.
You may be able to make a late renewal application (eg a renewal application after the end of the five year protection period). Applying late will cost you more money. For how to make a late renewal application in the United Kingdom of Great Britain and Northern Ireland, see Q&A 53.
Fees to renew a United Kingdom of Great Britain and Northern Ireland design application are set out in the table below:
Application | Fee |
First renewal (at 5 years) | £70 |
Second renewal (at 10 years) | £90 |
Third renewal (at 15 years) | £110 |
Fourth renewal (at 20 years) | £140 |
Once registered in the The European Union, your design will be protected from the date you made your application. The initial protection period is 5 years and you can renew every 5 years up to a total of 25 years. After 25 years, you can no longer renew your registration, so your design protection will expire.
You can apply for renewal in the last six months of your five year period of protection. The window to apply ends on the last day of the month in which your five year period ends. You will usually be notified by the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. of the impending expiry date in good time, but they will not be held responsible for you missing the renewal deadline if this notification is not given for some reason, so ensure you also bear the dates in mind.
The quickest way to make a renewal application is to apply online. You will need to sign up/log in to your The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. online account to renew. The form asks for some basic details. You can find your registration number in your entry on the Community Design Register for your design. Use the advanced search function of the register and search for entries under your name to find your registration number if you have not kept a record of it.
You have to pay to renew. For information on the fees, see Q&A 52.
You will receive confirmation of your renewal from the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. once your application form has been submitted and your payments have gone through. Your design will be re-published in the Community Designs Bulletin.
You may be able to make a late renewal application (eg a renewal application after the last day of the month in which the five year protection period ends). Applying late will cost you more money. For how to make a late renewal application in the The European Union, see Q&A 56.
If you require an extension due to COVID-19, you should contact the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. or use our Ask a Lawyer service for access to a specialist lawyer in a few simple steps.
The fees for renewal are per design, as follows:
Application | Fee |
First renewal (at 5 years) | €90 |
Second renewal (at 10 years) | €120 |
Third renewal (at 15 years) | €150 |
Fourth renewal (at 20 years) | €180 |
You do not have to worry about entering the right amount as this is calculated automatically during the application process.
The deadline for an application to renew your United Kingdom of Great Britain and Northern Ireland design registration is five years from the date you originally made your application, and every five years thereafter.
If you miss the deadline for making a renewal application, you can make a late renewal application within the first 6 months or an application to restore your registration within the 6 months after that (eg up to 12 months late). If you are more than 12 months late, you cannot restore your original rights.
See Q&A 54 for the process to follow when applying up to six months late.
See Q&A 56 for the process to follow when applying up to 12 months late.
To make a late renewal application, you must fill out Form DF9A, include the fee and send it off to the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. at Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.
The forms are self-explanatory. You can find your design number in your certificate of registration. You usually have to pay an additional fee per design for a late renewal which increases depending on how late you are in making your application. See Q&A 55 for information on the fees.
You will receive confirmation of your renewal from the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. once your documents and payment have gone through. Your design will be re-published in the Designs Journal.
Information on the fees are set out in the tables below:
Application | Renewal fee |
First renewal (at 5 years) | £70 |
Second renewal (at 10 years) | £90 |
Third renewal (at 15 years) | £110 |
Fourth renewal (at 20 years) | £140 |
Lateness of application | Additional fee |
Applying in the 2nd month after the deadline | £24 |
Applying in the 3rd month after the deadline | £48 |
Applying in the 4th month after the deadline | £72 |
Applying in the 5th month after the deadline | £96 |
Applying in the 6th month after the deadline | £120 |
If more than six months have passed since the expiry of your registration, you will have to apply to get your design restored to the register. Your application will only be successful if you satisfy the registrar at the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. that your failure to renew sooner was unintentional. You must make such an application within 12 months of the expiry of your registration. After that date, you have lost your rights.
To make an application to restore, you must fill out Form DF29 and send it off to the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. at Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.
The forms are self-explanatory. Do not forget to attach a written explanation of why you failed to apply to renew on time, attaching any documents that support your statement. You can find your design number in your certificate of registration. The fee is £120.
If your application is successful, your design rights are not renewed for another five years automatically. You are only granted permission to apply to renew late. This means you must now make the same application to renew up to six months late detailed above on Form DF9A, and pay the required fees.
If your application is not successful, you will be notified by the registrar who has made the decision. You can ask for a hearing before the registrar if you make the request within one month of being notified of the decision. The registrar will reconsider their decision at that hearing.
The deadline for an application to renew your The European Union design registration is five years after the date you originally made your application, and every five years thereafter.
If you miss the renewal deadline, it is still possible to make a late renewal application within the six months after the deadline. You have to pay a 25% surcharge for a late application.
The quickest way to make a renewal application is to apply online. You will need to sign up/log in to your The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. online account to renew. The form asks for some basic details. You can find your registration number in your entry on the Community Design Register for your design. Use the advanced search function of the register and search for entries under your name to find your registration number if you have not kept a record of it.
You have to pay to renew. See Q&A 58 for information on the fees.
You will receive confirmation of your renewal from the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. once your application form has been submitted and your payments have gone through. Your design will be re-published in the Community Designs Bulletin.
If you fail to request renewal of your design, or your late renewal application is outside the six month grace period, the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. will contact you to let you know that your registration has been cancelled and your design removed from the The collection of designs which have been registered with the UK's Intellectual Property Office (the governmental department in charge of intellectual property).. A notice will be published to this effect in the Registered Community Designs Bulletin.
If you require an extension due to COVID-19, you should contact the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs. or use our Ask a Lawyer service for access to a specialist lawyer in a few simple steps.
The fees for renewal are per design, as follows:
Application | Fee (including surcharge) |
First renewal (at 5 years) | €112.50 |
Second renewal (at 10 years) | €150 |
Third renewal (at 15 years) | €187.50 |
Fourth renewal (at 20 years) | €225 |
You do not have to worry about entering the right amount as this is calculated automatically during the application process.
If you do not register your design, you may still be legally protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights. United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights do not cover as broad a spectrum of designs as can be registered with the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights.. For example, A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights do not arise in respect of surface decoration. You must register this part of any design in order to protect it.
As A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights arise automatically, there is no need to apply, pay fees, or for the designer to take any specific action to get them. This is the major advantage of these rights. If you run a fast-paced business, eg in the fashion industry, you may not want or need to register and pay for each item of clothing you design. A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights provide some legal protection without the administrative and cost burdens of the registration process.
In the United Kingdom of Great Britain and Northern Ireland, A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights cover the shape or configuration of the whole, or part, of the product in question. This means they have the advantage of protecting purely functional designs (eg designs which only look the way they do in order for the product to work properly), which cannot be registered for design protection (see Q&A 9 for what designs are registrable).
In order to qualify for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right protection in the United Kingdom of Great Britain and Northern Ireland, your design:
must be original (eg not a copy of someone else's design); and
must not be commonplace. In other words, it cannot be ordinary for that particular type of product. For example, the basic shape of a vest is commonplace and will not attract any design rights.
See Q&A 60 for information on designs that cannot be protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights.
The following types of design can never qualify for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right protection:
surface decoration (eg a pattern on a textile);
methods or principles of construction (eg the process or operation by which the particular shape is produced – this is usually protected via A legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. law; see Understanding patents);
designs that look as they do in order to fit, or connect to, something else to perform its function, such as a phone case design which is dictated by the shape of the phone, or a contact lens design which is dictated by the eye's shape;
designs that look as they do to match a larger article of which they are intended to form an essential part – eg the spare parts of a vacuum cleaner would not be protected if the spare parts had to be designed that way to match the larger article, the vacuum itself, or a car door which must match the car; or
designs incorporating an Olympic symbol.
For guidance on the extent of your rights if you have a qualifying A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years., see Q&A 61.
If your design qualifies for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the United Kingdom of Great Britain and Northern Ireland (see Q&A 59 and Q&A 60), and you or your A private company limited by shares incorporated and registered in England and Wales. is the holder of those rights (eg because the design was produced for your business by an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., or you commissioned a designer and their contract says the rights are yours), you have the exclusive right to use that design for commercial purposes. For example, you can manufacture products to that design, or licence others to do so for a fee. See Q&A 63 for how to tell whether you or the designer own the rights to designs they have produced for you.
If you find any competitor copying your design for their own business, you can bring legal action to stop them from doing so. It is a narrower right than you get if you register your design in the United Kingdom of Great Britain and Northern Ireland, as registration allows you to stop competitors using anything too similar to your design, whether they have copied it from you or not. An A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right is only protected from slavish copying. In other words, if the designer of a very similar item has come up with it without seeing your work, you have no right to object.
Note that there are some minor exceptions to your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right to stop others copying your design. The main exceptions are private and non-commercial or experimental use, and teaching (subject to acknowledgement of the origin of the design).
For how to enforce your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights, and your Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. more generally, see Options for dealing with infringements to intellectual property.
You are protected by United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights if you can show that you own the design in question (and that it is a qualifying design).
Generally, the owner of A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights is the designer. However, if the design was created by your An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. during the course of their employment, you own any A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights (subject to any agreement or contract to the contrary).
If you commission a design, the designer will own the A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights unless you have agreed otherwise or unless the design was created under an agreement prior to 1 October 2014, in which case, you will own any rights to any commissioned designs automatically. Therefore, if you are commissioning a design, you should ensure that you agree a written contract with the other party stipulating who owns the rights. For more information on the position where an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. or someone else creates the design for your business, and how to ensure you get the benefit of any design rights, see Q&A 77 and following.
It is possible to have more than one owner of a design if there is more than one designer. For this to occur, the designers must work so closely together that their respective contributions are no longer distinct from each other.
For guidance on what designs will be protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the United Kingdom of Great Britain and Northern Ireland, see Q&A 59 and on what your rights are if you have such a protected design, see Q&A 61.
In the United Kingdom of Great Britain and Northern Ireland, your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights are much shorter than the registered equivalent (provided you keep renewing the latter).
They last for 15 years from the end of the calendar year your design was first created (whether on paper, or made into an article), or 10 years from the end of the calendar year of it being made available for sale, if that expires first. Available for sale means when the article or product is actually produced for sale, rather than when orders are taken or prototypes are shown. For example, you drew up a design for an office chair as part of your furniture design business in March 2016. You feature the chair on your website in March 2017 and take delivery of some stock at the same time to fulfill the anticipated orders. Your design is protected from copying through your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights until 31 December 2027. If you had not offered it for sale, it would be protected until 31 December 2032.
In the last five years of A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right protection, you must grant a licence to make or sell products incorporating your design to anyone who asks, even if they are a direct competitor who wishes to use your design to undercut your business. If you cannot agree a suitable fee or terms for such a licence, you can refer the dispute to the The Comptroller General of Patents, Designs and Trade Marks. The person responsible for the operation of the Intellectual Property Office, the public body which oversees intellectual property matters. General of Legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner., Designs and Distinctive signs used by businesses to distinguish their goods and/or services from those sold by other businesses..
For guidance on what designs will be protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the United Kingdom of Great Britain and Northern Ireland, see Q&A 59 and on what your rights are if you have such a protected design, see Q&A 61.
If you do not register your design, you may still be legally protected by A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the The European Union. These rights arise automatically for any qualifying design made public anywhere in the The European Union. Designs protected in this way are sometimes referred to as unregistered Community designs. Unlike the position under United Kingdom of Great Britain and Northern Ireland law, in the The European Union the same type of designs attract A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights as can be registered and the definition is purposely broad, extending to the appearance of all or part of more or less any industrial or handicraft item, including any surface decoration, packaging or Symbols or other recognisable marks used by a business to identify their products. on it.
However, note that The European Union A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights do not last as long as United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights – just 3 years as opposed to 10 to 15 years in the United Kingdom of Great Britain and Northern Ireland. Also note that since the end of the Brexit transition period, you will need to carefully consider how, when and where you first disclose your designs, as this can affect where your designs are protected. If you are concerned about how to protect your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. in the United Kingdom of Great Britain and Northern Ireland and The European Union after the end of the implementation period, you should get legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
As A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights arise automatically when you make your design public anywhere within the The European Union, there is no need to register, to pay fees, or for the designer to take any specific action. This is a major advantage of these rights. They can be useful for protecting designs with short commercial life-spans, such as in the toy or fashion industry where trends come and go quickly. They also provide a measure of interim protection when you are considering whether or not to register your designs to gain longer-term protection.
The European Union A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights protect the appearance of a part, or the whole, of a product. Your design can be made up of lines, contours, colours, shape, texture or decoration on a part, or the whole, of the product in question. Note that, unlike United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights, the The European Union regime will cover surface decorations.
See Q&A 66 for the requirements that your design must meet in order to qualify for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the The European Union.
In order to qualify for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the The European Union, your design must meet the following requirements:
Your design must be new
No one else can have made an identical design (or a design so similar that it is virtually identical) available to the public before you, unless no one specialising in your particular sector could have reasonably known about it.
Example: You design a dress. Somebody else claims to have released an identical dress to the public at an earlier point in time. They did release the dress earlier, but they did so by presenting it in the showroom of a small business which only operates in China. You only operate in the The European Union. Your design is new because no one in the The European Union fashion market could reasonably have known about the release.
Your design must have individual character
Your design must give a different overall impression from those already available on someone with a good knowledge of your industry or market.
Example: If your design for an oven looks different from earlier designs to someone who routinely purchases and installs these ovens, your design has individual character.
Note that since the end of the Brexit transition period, you will need to carefully consider how, when and where you first disclose your designs, as this can affect where your designs are protected. If you are concerned about how to protect your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. in the United Kingdom of Great Britain and Northern Ireland and The European Union after the end of the implementation period, you should get legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
For guidance on your rights if you have a design which qualifies as an unregistered Community design, see Q&A 68.
For information on the protection your designs may have under United Kingdom of Great Britain and Northern Ireland law if you do not register them, see Q&A 59 and following.
The following types of design can never quality for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right protection in the The European Union:
computer programs;
component arts of a complex product which cannot be seen during the normal use of the product (or if they can be seen, the parts that are seen are not new or individual enough to be protected, as above);
design features that are dictated purely by technical function (as there has therefore been no design flair shown); and
design features that are dictated by the need to interconnect with another product (as, again, no design flair has been used), unless the design features are part of a modular system (eg a car, where parts can be added or removed without altering the rest of the car);
designs contrary to public policy or morality; or
protected emblems (eg the Olympic rings).
If your design qualifies for A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the The European Union (see Q&A 65) and you or your A private company limited by shares incorporated and registered in England and Wales. is the holder of those rights (eg because the design was produced for your business by an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., or you commissioned a designer and their contract says that the rights are yours), you have the exclusive right to use that design for commercial purposes. For example, you can manufacture products to that design, or licence others to do so for a fee. See Q&A 69 for how to tell whether you or the designer own the rights to designs they have produced for you.
If you find any competitor copying your design for their own business you can take legal action to stop them doing so. It is a narrower right than you get if you register your design as registration allows you to stop competitors using anything too similar to your design, whether they have copied it from you or not. An A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right is only protected from slavish copying. In other words, if the designer of a very similar item has come up with it without seeing your work, you have no right to object.
For how to enforce your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights, and your Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. more generally, see Options for dealing with infringements to intellectual property.
Your unregistered The European Union design rights are short-lived, starting at the date you make your design public and lasting only three years. Making your design public includes publishing or exhibiting it, as well as offering the product for sale.
Note that there are some minor exceptions to your unregistered The European Union A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission. to stop others copying your design. The main exceptions are private, non-commercial use or experimental use, or teaching purposes (subject to acknowledgement of the origin of the design).
You are protected by The European Union A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights if you can show that you own the design in question (and is a qualifying design).
Generally, the owner of unregistered The European Union design rights is the designer. However, if the design was created by your An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. during the course of their employment, you own the A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights (subject to any agreement or contract to the contrary).
If you commission a design, the designer will own the A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights subject to any agreement or contract to the contrary. Therefore, if you are commissioning a design, you should ensure that you agree a written contract with the other party stipulating who owns the rights. For more information on the position where an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. or someone else creates the design for your business, and how to ensure you get the benefit of any design rights, see Q&A 77 for Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., Q&A 84 for People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. or People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. , and Q&A 89 for businesses you commission to create a design.
It is possible to have more than one owner of a design if there is more than one designer – joint developers will have joint rights.
For guidance on what designs qualify for protection under the The European Union unregistered designs regime, see Q&A 65 and following and on what your rights are if you have an unregistered protected design in the The European Union, see Q&A 68.
Your unregistered The European Union design rights are short-lived, starting at the date you make your design public and lasting only three years. Making your design public includes publishing or exhibiting it, as well as offering the product for sale.
For guidance on what designs will be protected in this way, see Q&A 65 and on what your rights are if you have a protected design in the The European Union, see Q&A 68.
Note that since the end of the Brexit transition period, you will need to carefully consider how, when and where you first disclose your designs, as this can affect where your designs are protected. If you are concerned about how to protect your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. in the United Kingdom of Great Britain and Northern Ireland and The European Union since Brei, you should get legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
If your design was registered in the United Kingdom of Great Britain and Northern Ireland, your rights were not affected by Brexit because a United Kingdom of Great Britain and Northern Ireland A design which has been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you have only an unregistered design right. did not give you protection in the The European Union
Since the end of the Brexit transition period on 31 December 2020, The European Union Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. have continued to be protected under The European Union law in the The European Union. However, The European Union Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. are no longer valid in the United Kingdom of Great Britain and Northern Ireland.
To ensure that protection in the United Kingdom of Great Britain and Northern Ireland continued for holders of The European Union Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. on exit day, the The UK Intellectual Property Office. The government department which is responsible for registering and managing UK trade marks, patents and design rights. created re-registered United Kingdom of Great Britain and Northern Ireland designs which were recorded on the United Kingdom of Great Britain and Northern Ireland register and treated as if they had been applied for and registered under United Kingdom of Great Britain and Northern Ireland law (with the same registration, application and priority dates).
Designs registered internationally are outside the scope of this service. If you have registered a design with The World Intellectual Property Organisation. The international organisation which manages international trade marks, patents, and design rights. and you are concerned about the effect of Brexit on your design, you should seek legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
Yes, businesses from around the world are permitted to register a design in the The European Union, by applying to the The European Union Intellectual Property Office; the department responsible for managing EU trade marks and registered Community designs.. This has not changed since Brexit. However, if you wish to register your design for protection in the The European Union and United Kingdom of Great Britain and Northern Ireland you will need to apply for both a United Kingdom of Great Britain and Northern Ireland registration and an The European Union registration.
Since 1 January 2021, only residents of the United Kingdom of Great Britain and Northern Ireland or businesses formed in the United Kingdom of Great Britain and Northern Ireland are eligible for United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights. Additionally, first disclosure in the United Kingdom of Great Britain and Northern Ireland may be required.
If you are concerned about how to protect your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. in the United Kingdom of Great Britain and Northern Ireland and The European Union since Brexit, you should get legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
Since the end of the Brexit transition period on 31 December 2021, unregistered Community designs (ie A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights in the The European Union) are no longer valid in the United Kingdom of Great Britain and Northern Ireland. However, the United Kingdom of Great Britain and Northern Ireland government has replaced unregistered Community design rights that existed before 1 January 2021 with United Kingdom of Great Britain and Northern Ireland A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights (which will be known as United Kingdom of Great Britain and Northern Ireland continuing unregistered designs, and which will offer protection in the United Kingdom of Great Britain and Northern Ireland for the remainder of the three year term previously attached to the unregistered Community A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission.). This means you will continue to have protection in the The European Union and United Kingdom of Great Britain and Northern Ireland for unregistered Community designs that existed before 1 January 2021.
Since 1 January 2021, if you disclose designs in the United Kingdom of Great Britain and Northern Ireland which would previously have been eligible for a Community A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right, you will be granted a supplementary A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right for three years. This provides protection for a design in the United Kingdom of Great Britain and Northern Ireland which would previously have been eligible for a Community A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years.. However, the protection offered by the supplementary A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. only applies in the United Kingdom of Great Britain and Northern Ireland (not in the The European Union, as unregistered Community design rights do). Therefore, you will need to carefully consider how, when and where you first disclose your designs, as this can affect where your designs are protected.
If you are concerned about how to protect your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. in the United Kingdom of Great Britain and Northern Ireland and The European Union after the end of the implementation period, you should get legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
You will be the owner of any design made by your Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. as long as they are acting in the course of employment. This means that they were doing something that is part of their job, usually determined by what is in their employment contract and job description, or what you have agreed with them in individual circumstances. It is not usually enough for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to be merely using supplies or resources belonging to the business, or doing something during working hours: if the work in question is not part of the agreed duties of an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you will probably not own the resulting Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., unless you have a valid contract saying that you do.
You do not necessarily own every design just because it has something to do with your business’s activities, or because an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. used business resources (or even made it during working hours), although if Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. were working on side projects on business premises or during working hours you might have a separate disciplinary or Failing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. issue with them (see Handling grievances for more information). If An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. side projects have made unauthorised use of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., they may have infringed your Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. (see Options for dealing with infringements to intellectual property).
In order to make sure any designs created by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are owned by the business, you should consider including appropriate Provisions or sections. Usually in a contract. in employment contracts (see Q&A 79).
You should also take appropriate steps to register the design (see Q&A 80).
You should include the appropriate Provisions or sections. Usually in a contract. in your employment contract in order to ensure that A product of human creativity such as copyrights, trademarks, patents and designs., including any designs, created by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are owned by your business. These should include a A provision or section. Usually in a contract. defining the precise nature and terms of the An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s employment (as you will automatically own anything designed by your Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. as long as they are acting in the course of employment) and a A provision or section. Usually in a contract. specifically stating that any Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. that is created by the An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the course of their employment becomes the A private company limited by shares incorporated and registered in England and Wales. 's property. For a template employment contract that contains these Provisions or sections. Usually in a contract. , plus further terms to protect your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., see Employment contract.
See Q&A 78 for other steps to take to make sure designs created by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are owned by the business.
Some designs are registered rights, meaning that they are not automatic, but only exist once they have been through a formal process of registration with the correct public authority. For these rights, you can agree in advance of the design's creation that the right to register the design belongs to your business (eg in the employment contract, see Q&A 79). Therefore, you will still have to take the further step of registering your new design before you are the owner.
For more information on registering designs, including which ones need to be registered, see Q&A 1 and following.
See Q&A 78 for other steps to take to make sure designs created by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are owned by the business.
Designs could be vulnerable to theft and misuse by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., particularly departing Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., who may wish to take protected Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. with them to competitors.
In addition to the steps set out in Q&A 78, which ensure that any Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is owned by your business, there are a number of other steps you can take to minimise the risk of designs being stolen or misused by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.:
make Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. aware of what is protected Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. and who owns it. This can be done by setting out the position clearly in the employment contract (see Q&A 79), and by carrying out exit interviews in which you also make the position clear. In addition, departing Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. should be required to return any hard copies of documents that contain protected Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including designs, before leaving, as well as any electronic devices they have been using during and for the purposes of their employment (laptop, mobile phone etc). Proper procedures when Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. leave should be followed generally (for more information on departure procedures see Staff dismissals and redundancy and Staff resignations and retirement).
ensure that you have confidentiality Provisions or sections. Usually in a contract. and any other restrictions (such as When, during the notice period at the end of employment, a member of staff is kept on full pay and is technically still employed, but does no work, has no access to company property or information, and cannot work for anyone else. or Terms in staff contracts forbidding them from competing with their employer's business, either by working for a competitor or setting up their own business.) in employment contracts. Although this will not usually protect Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. specifically, it can prevent confidential knowledge being used by Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who Alternative Investment Market, a sub-market on the London Stock Exchange for growing companies to compete with you after leaving; for more information on these Provisions or sections. Usually in a contract. , see Confidentiality and restrictive covenants in employment contracts. For a template contract that contains non-compete, When, during the notice period at the end of employment, a member of staff is kept on full pay and is technically still employed, but does no work, has no access to company property or information, and cannot work for anyone else. and confidentiality Provisions or sections. Usually in a contract. that you can tailor to your specific requirements, see Employment contract.
have a A provision or section. Usually in a contract. in your employment contracts specifying that Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must promptly bring to your attention any Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. they create in the course of their employment. This will allow you to take any necessary steps to register the design, where relevant (see Q&A 80), as well as letting you know what you own. For a template contract that contains such a A provision or section. Usually in a contract. , see Employment contract.
When your Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. create A product of human creativity such as copyrights, trademarks, patents and designs., it will normally belong to you as their A person or business hiring one or more staff members. (see Q&A 77). If this is the case, you will own A product of human creativity such as copyrights, trademarks, patents and designs. for as long as it exists.
The Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. in unregistered designs lasts for 15 years, starting at the end of the year in which the design was made, or, if Also referred to as articles of association, a company’s articles are the main body of rules which govern how the company regulates its internal affairs (subject to certain overriding legal requirements). Important matters addressed in the articles include the division of powers between directors and shareholders, the composition and operation of the board of directors, matters relating to the holding and conduct of directors’ and shareholders’ meetings, and provisions relating to the transfer of shares. made to the design are sold or hired out within five years of the design being made, ten years after the end of the year of the first sale or hire. For more information, see Q&A 64.
For Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right., this is five years, with the possibility of extending up to a maximum of 25 years if you pay the five-yearly renewal fees. For more information, see Q&A 40.
If the Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. in question is owned by the An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., but licensed to you, then you can keep it for as long as the licence allows. See Getting a licence to use someone else's intellectual property for more information.
There are no special rights to be identified as the creator of a design, and you can choose whether to credit an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. as being the creator.
People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. and People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. will own any designs they make for you unless you agree otherwise. This means if you are paying someone to produce a design for you, you should make sure the contract you have with them specifies that you will own the rights to the design. You should get this agreement in the form of a signed written document. You may also wish to consider whether you want to register the design. If so, you should specify in the contract who is responsible for taking the steps to register the design: whether you or the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor., and who must bear the cost of this.
Design rights typically protect the physical, visual features of a product other than the ones that make it work. The functional characteristics can be protected by a A legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. if they are new and inventive (see Understanding patents). Design rights, in comparison, cover the decorative, aesthetic or stylistic characteristics of a product (for more information on what designs protect, see Q&A 9).
In order to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including designs, created by People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. and People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. ends up the property of the business, you should consider including appropriate Provisions or sections. Usually in a contract. in contracts (see Q&A 86).
You should also take appropriate steps to register the design (see Q&A 87).
You should include the appropriate Provisions or sections. Usually in a contract. in your written contract with the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. in order to ensure that Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including designs, created by them are owned by your business. You should agree in your contract with the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. that you will own the relevant Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.. It is important that the agreement is in writing and signed by the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor..
For a template consultancy agreement that contains terms detailing who will own any A product of human creativity such as copyrights, trademarks, patents and designs. created by any A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor., or preventing them from misusing your confidential information, see Consultancy agreement, which can be adapted whether the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. runs their business through a A private company limited by shares incorporated and registered in England and Wales. or not.
See also Contracts for freelancers for more information on contracts with People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. or People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. .
See Q&A 85 for other steps to take to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. or People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. is owned by the business.
Some designs are registered rights, meaning that they are not automatic, but only exist once they have been through a formal process of registration with the correct public authority. For these rights, you can agree in advance of the Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.'s creation that the right to register the design belongs to your business (eg in the contract, see Q&A 86). Therefore, you will still have to take the further step of registering your new Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. before you are the owner.
See Q&A 85 for other steps to take to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. or People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. is owned by the business.
As well as ensuring that you own or have a right to use any Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including designs, that arise out of the work you have engaged People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. and People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. to produce (see Q&A 85), you should also take steps to ensure that they do not misuse any of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., by doing the following:
identify new and existing Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., keeping records of how and when it was created; and
make it clear in your commercial agreements with A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. what Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. is yours, what they are or are not allowed to do with it, and which aspects of the work should be kept confidential.
For a template consultancy agreement that contains terms detailing who will own any A product of human creativity such as copyrights, trademarks, patents and designs. created by any A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor., or preventing them from misusing your confidential information, see Consultancy agreement, which can be adapted whether the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. or A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. runs their business through a A private company limited by shares incorporated and registered in England and Wales. or not.
The above steps are particularly relevant where engaging People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. or People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. to do work that will directly involve them in the use of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.. For example, if an entrepreneur who was starting an ice cream shop had done extensive market research in order to form their business plan, it might make sense for them to A share in the capital of a company (sometimes also referred to as stock, for example in relation to US companies). Shares in a company give to the holders, known as shareholders, rights in relation to that company such as to vote, to receive dividends and to a return of capital. Holders of shares in a company own that company and the company, not its shareholders, owns the company's assets. this A document prepared by management, often in conjunction with advisers, which gives a full commercial and financial picture of their business and is an essential part of the process of approaching investors for finance. In addition to a full description of the business and the opportunities, a business plan should cover amongst other areas the relevant market and competition, management team, back office operations, ownership and financial projections. An investor in a business will typically ask for management to stand behind the business plan, and then regularly update it, as a condition to investing.with a PR A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. whom they have brought in-house for a while for a variety of purposes (eg to design a logo) so that the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. can understand the target demographic. In this case, the entrepreneur might wish to include their business's name as author of the market research document just to be clear that the market research belongs to their business.
The entrepreneur could also agree with the consultancy that it is not to copy the document or use its contents for commercial purposes other than dealing with the logo of the ice cream business. This would help to ensure that everyone involved knows what is authorised and what is not.
If you commission a business to come up with a design, the commissioned business will own the design unless you agree otherwise. This means if you are commissioning someone to produce a design for you, you should make sure the contract you have with them specifies that you will own the rights to the design. You should get this agreement in the form of a signed written document. You may also wish to consider whether you want to register the design. If so, you should include in the contract who is responsible for taking the steps to register the design, whether you or the commissioned business, and who must bear the cost of this.
Design rights typically protect the physical, visual features of a product other than the ones that make it work. The functional characteristics can be protected by a A legal protection giving an exclusive right to produce a certain invention for a certain period of time (currently 20 years) to its owner. , if they are new and inventive (see Understanding patents). Design rights, in comparison, cover the decorative, aesthetic or stylistic characteristics of a product (for more information on what design rights protect, see Q&A 9).
In order to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., including any designs created by People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as freelancers or independent contractors. and People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. , ends up owned by the business, you should consider including appropriate Provisions or sections. Usually in a contract. in contracts (see Q&A 91).
You should also take appropriate steps to register the design (see Q&A 92).
You should include the appropriate Provisions or sections. Usually in a contract. in your written contract with the business you are commissioning in order to ensure that Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by them, including any designs, are owned by your business. You should agree in your contract that you will own the relevant Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs.. It is important that the agreement is in writing and signed on behalf of the business you are Hiring someone else to perform work which would otherwise have to be done by the business itself. to.
See Q&A 90 for other steps to take to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by a commissioned business is owned by your business.
Some designs are registered rights, meaning that they are not automatic, but only exist once they have been through a formal process of registration with the correct public authority. For these rights, you can agree in advance of the Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.'s creation that the right to register the design or invention belongs to your business (eg in the contract, see Q&A 91). Therefore, you will still have to take the further step of registering your new design before you are the owner.
See Q&A 90 for other steps to take to make sure Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. created by a commissioned business is owned by your business.
As well as ensuring that you own or have a right to use any design that arises out of the work you have commissioned (see Q&A 90), you should also take steps to ensure that commissioned businesses do not misuse any of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., by doing the following:
identify new and existing Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., keeping records of how and when it was created; and
make it clear in your commercial agreements with the business you are Hiring someone else to perform work which would otherwise have to be done by the business itself. to what Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. is yours, what they are or are not allowed to do with it, and which aspects of the work should be kept confidential.
These steps are particularly relevant where commissioning a business to do work that will directly involve them in the use of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs.. For example, if an entrepreneur who was starting an ice cream shop had done extensive market research in order to form their business plan, it might make sense for them to A share in the capital of a company (sometimes also referred to as stock, for example in relation to US companies). Shares in a company give to the holders, known as shareholders, rights in relation to that company such as to vote, to receive dividends and to a return of capital. Holders of shares in a company own that company and the company, not its shareholders, owns the company's assets. this A document prepared by management, often in conjunction with advisers, which gives a full commercial and financial picture of their business and is an essential part of the process of approaching investors for finance. In addition to a full description of the business and the opportunities, a business plan should cover amongst other areas the relevant market and competition, management team, back office operations, ownership and financial projections. An investor in a business will typically ask for management to stand behind the business plan, and then regularly update it, as a condition to investing.with a PR consultancy business whom they have commissioned for a variety of purposes (eg to design a logo) so that the consultancy can understand the target demographic. In this case, the entrepreneur might wish to include their business's name as author of the market research document just to be clear that the market research belongs to their business. The entrepreneur could also agree with the consultancy that it is not to copy the document or use its contents for commercial purposes other than dealing with the logo of the ice cream business. This would help to ensure that everyone involved knows what is authorised and what is not.
Design rights are protected differently, depending on whether they are registered or unregistered. For more information on protecting design rights, see Q&A 1 and following.
See Q&A 95 for guidance on identifying an infringement of Design rights whicih have been registered with public authorities. Registering design rights gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to take against such competitors easier than it is to do so where you only have an unregistered design right..
See Q&A 96 for guidance on identifying an infringement of A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. rights.
If you register your design, during the period that your design is protected no one else will be able to make, offer, import, export, market, stock or otherwise use the product you have registered your design in without your permission. This goes for not only anything identical to your design, but also anything that gives the same overall impression to someone who has a good knowledge of the market – essentially a design that looks too similar to yours. It does not matter whether the competitor could have actually copied your design or not. Therefore, if someone else sells a product whose design is the same, or similar to yours, they will infringe upon your design rights.
However, if, for example, someone copies your design for non-commercial purposes, or for experimental purposes, in some circumstances this can be allowed and will not infringe on your rights. See Using someone else's intellectual property without permission for more information on when you can use a design without the owner's permission.
See Q&A 97 and following for guidance on monitoring for infringements of your design rights.
An A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. right is only protected from slavish copying. Only designs that have been directly copied from yours will infringe upon your design rights. In other words, if the designer of a very similar item has come up with it without seeing your work, you have no right to object. If however someone makes an outright copy of your A design that has not been registered. Unregistered designs give the creator of the design an ability to prevent others from legally making products from that design for 10 to 15 years. having seen it, you can take legal action to stop them.
It is a narrower right than you get if you register your design, as registration allows you to stop competitors using anything too similar to your design, whether they have copied it from you or not (see Q&A 95).
See Q&A 97 and following for guidance on monitoring for infringements of your design rights.
Usually, if someone uses your designs without permission, they will be infringing your A legal protection over the design of the shape or configuration of something (eg computer-generated designs). It gives people who create designs the exclusive right to reproduce and use the design for commercial purposes, meaning that others cannot generally use it without the owner's permission. in those works. Unauthorised use of your work can have a significant effect on your business, as your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. may be used in a way you cannot control. Your brand may be undermined, and your business may also lose money if someone uses your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. to compete with you, or simply to bypass paying you for it.
Someone who has used your designs without your permission may have The legal process to have formed a company. them into their own work and be claiming them as their own. To help detect when this has happened, you should regularly search for designs which have been registered which resemble your work.
To search for Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. which may have been created by using your design elements without your permission, you can use DesignView, a tool which allows you to search through Designs which have been registered with public authorities. Registering designs gives you a longer period during which you can prevent competitors from producing knock-off products from the same design as compared to an unregistered design, and makes any legal action that you have to tkae against such competitors easier than it is to do so where you have only an unregistered design right. from 47 countries around the world. For a guide to navigating and using DesignView see Q&A 14.
Unfortunately, there is no (1) In the context of debt, a contract where someone agrees to pay if the debtor cannot pay themselves. (2) In the context of sale of goods, a promise to a customer which is given freely (without charging extra money) that the goods they are buying will meet certain standards, and if they do not the person making the promise will do something to make up for that (eg give a refund, or repair or replace the goods). that someone using your designs without your permission will have done so in a design which has actually been registered. You should therefore also monitor for this kind of Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringement using general searches of major search engines and social media, particularly using reverse image searches, which allow you to input an image and find similar or identical images uploaded elsewhere online. Manual searches can be very inefficient, so you should consider using automated tools to provide you with alerts when relevant content is published online. For example, Google Alerts is a free tool which provides email notifications when a phrase of your choice is published on the internet. You can customise the type of results (eg excluding blog entries, or only searching for news sources) and how the results are presented to you (eg in a periodic digest of all results or in live updates whenever new content is found). There are also a number of other similar tools which have various functions and which may suit your business better than Google Alerts, for example Mention and IFTTT.
See Q&A 98 for guidance on hiring someone to monitor whether people are using your designs without your permission and Q&A 99 on what to do if you discover that someone is using your designs without your permission.
If you are particularly concerned about preventing others from using your designs without your permission (eg because your business relies heavily on selling those works), you may want to consider hiring another business to provide you with more powerful tools to monitor for infringements, or even to monitor for infringements of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. on your behalf. This is a costly option, and the expense of hiring an Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. or other specialist can outweigh the protection they provide for Small and Medium-sized Enterprises: Businesses which are small or medium sized in terms of their staff numbers, turnover or assets.. However, you should be aware that the option is available as it may still be worthwhile in your circumstances, especially if you find you are having to dedicate a large number of resources to monitoring for Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringements.
If you identify someone you believe has used your design element without your permission, there are a number of steps you can take, from informal communication with the person who may be infringing your Intellectual property rights. The rights associated with unique products of human intelligence nad creation, such as copyrights, patents and designs. to Legal action which is being pursued through a court.. You could also contact The Police Intellectual Property Crime Unit. A specialist police unit for intellectual property crime, especially online. (the A specialist police unit for intellectual property crime, especially online.), which is dedicated to tackling Intellectual property crime. Criminal offences relating to the violation of someone else's intellectual property rights, including counterfeiting and piracy., particularly where it happens online. You can refer a matter to PIPCU through their website if you suspect that you have been a victim of Intellectual property crime. Criminal offences relating to the violation of someone else's intellectual property rights, including counterfeiting and piracy.. If you believe someone is selling Physical items being sold. Distinguished from digital content and services, neither of which are physical items. using your design without your permission through an online marketplace, you can often use the marketplace's reporting tools to report and remove infringing products. For example, on Amazon you can register for the Amazon Brand Registry tool, which provides you with a greater ability to search for and report infringing products. On eBay you can report infringements of your Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs., and contact eBay Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. more quickly and efficiently, using eBay's Verified Rights Owners (VeRO) programme. For more information on solutions to potential Intellectual Property. Unique products of human intelligence and creation, such as copyrights, patents and designs. infringements, see Options for dealing with infringements to intellectual property.