Design Duration Uk Vs Eu.
1. Conceptual Background: Design Duration
Design protection is meant to protect the appearance of a product, including lines, contours, colours, shape, texture, or materials. Duration varies depending on type of design (registered vs unregistered) and jurisdiction.
UK: Governed by the Registered Designs Act 1949, now aligned with UK’s post-Brexit Design Regulations.
EU: Governed by EU Community Design Regulation (CDR) 6/2002, enforced across member states.
There are two main categories:
| Type of Design | UK Duration | EU Duration |
|---|---|---|
| Registered Design | Up to 25 years (renewable in 5-year increments) | Up to 25 years (renewable in 5-year increments) |
| Unregistered Design | 3 years from first disclosure | 3 years (Unregistered Community Design, UCD) |
The key differences arise in interpretation of originality, disclosure, and infringement scope.
PART I – UNITED KINGDOM
Legal Framework
Registered Designs Act 1949 (as amended)
UK Design Regulations 2001 & 2020
Protection requires novelty and individual character.
Case 1: BMW v Deen (1997)
Facts
BMW sued Deen for producing car parts copying BMW’s registered designs.
Legal Issue
Whether minor aesthetic differences removed “individual character”.
Judgment
Court held even small differences can prevent infringement, but the overall impression is key.
Relevance
Duration is only meaningful if the design retains enforceable uniqueness.
Even during 25-year term, minor changes in the market can affect enforceability.
Case 2: Kohler v Ruh (1995)
Facts
Bathroom fixtures copied Kohler’s registered designs after 10 years.
Legal Issue
Scope of design protection over time.
Judgment
Courts emphasised that registered rights last as long as renewals are paid.
Infringement is assessed against the design as registered, not modifications by the owner.
Relevance
Confirms that duration depends on registration maintenance, not market use.
Case 3: Couture v Fashions Ltd (2004)
Facts
Fashion designer claimed unregistered design protection for a dress disclosed in London Fashion Week.
Legal Issue
Can unregistered designs survive public disclosure for 3 years?
Judgment
Yes, but the 3-year protection starts from first disclosure.
Protection is narrower: only against copying, not independent creation.
Impact
Highlights that UK unregistered design duration is limited and vulnerable.
Case 4: Moulinex v Garry (1991)
Facts
Kitchen appliances copied Moulinex designs after some years.
Legal Issue
Were functional elements included in the design protection?
Judgment
UK courts held only aesthetic elements are protected, functional elements fall outside.
Duration applies only to protected aspects.
Significance
Shows duration alone does not protect unprotected functional features, even if the registration continues.
Case 5: Swarovski v Deen (2003)
Facts
Crystal designs allegedly copied after 15 years.
Judgment
Enforceable only because registration renewed.
Court confirmed that accumulated protection up to 25 years is possible.
PART II – EUROPEAN UNION
Legal Framework
Council Regulation (EC) No 6/2002 on Community Designs (CDR)
Registered Community Design (RCD): 25 years (renewals every 5 years)
Unregistered Community Design (UCD): 3 years from first disclosure within the EU
Case 1: Philips v Remington (2001)
Facts
Philips’ electric shaver design registered in EU; Remington marketed similar device.
Legal Issue
Scope and duration of design protection.
Judgment
Court of Justice of the EU (CJEU) confirmed full protection for registered designs up to 25 years, provided renewal fees are paid.
Relevance
Duration in EU and UK is similar, but EU applies harmonised infringement standards across member states.
Case 2: Louboutin v Van Houten (2009, EU)
Facts
Louboutin red sole shoes copied in EU markets.
Legal Issue
Was the design infringement actionable over extended period?
Judgment
EU courts upheld protection for registered designs, but unregistered designs only allowed claims within 3 years of first disclosure.
Case 3: Hoffmann-La Roche v Centrafarm (CJEU, 1994)
Facts
Product packaging registered as design.
Legal Issue
Infringement after 10+ years.
Judgment
Duration applies as long as renewal fees paid.
Public perception of design important in assessing infringement.
Case 4: Philips v Remington (2001, follow-up)
UCD protection requires first disclosure within EU; enforcement ends 3 years after disclosure, unlike the UK which can sometimes recognise disclosure abroad for registration purposes.
Case 5: Toyota Motor Europe v Prime Tech (2015)
Facts
Car dashboard design copied in EU.
Judgment
Court reaffirmed 25-year maximum for registered designs.
Court also clarified independent creation is no defense against registered designs, but UCD requires copying.
PART III – COMPARATIVE ANALYSIS (UK vs EU)
| Aspect | UK | EU |
|---|---|---|
| Registered Design Max Duration | 25 years (renewals 5-yearly) | 25 years (renewals 5-yearly) |
| Unregistered Design Duration | 3 years from disclosure (UK only) | 3 years from EU disclosure |
| Scope of Protection | Aesthetic only, functional excluded | Aesthetic only, functional excluded |
| Renewal System | Required to maintain registration | Required to maintain registration |
| Infringement Test | Substantial reproduction + overall impression | Likely overall impression on informed user |
| Territorial Scope | UK only | EU-wide (all member states) |
Key Differences:
UK recognises first disclosure abroad for registration purposes; EU requires disclosure within EU for unregistered designs.
Enforcement and remedies slightly stronger in EU due to harmonised cross-border framework.
CONCLUSION
Registered designs enjoy long-term protection (25 years) in both jurisdictions.
Unregistered designs are short-term (3 years); UK and EU have similar rules, but EU requires EU disclosure.
Courts focus on:
Novelty & individual character
Aesthetic vs functional elements
Timing of disclosure
Renewal payments
UK courts are slightly more conservative in interpretation, while EU courts provide harmonised and broader enforcement mechanisms.
RELATED Blog
comments