Industrial Designs Law in United Kingdom
In the United Kingdom, industrial design protection is governed by the Registered Designs Act 1949, which provides a framework for protecting the visual appearance of products. The UK Intellectual Property Office (UKIPO) is responsible for administering design rights.(TLT Solicitors, Global Legal Post)
📝 What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing features such as:
Lines
Contours
Colors
Shape
Surface structure
Materials(Global Legal Post)
These elements must be new and have individual character compared to existing designs. Protection does not extend to purely functional or technical aspects of a product.
🛡️ Types of Design Protection in the UK
The UK offers several avenues for design protection:
1. Registered Design Right (RDR)
Protection Scope: Covers the appearance of the whole or part of a product resulting from the features of lines, contours, colors, shape, texture, or materials of the product or its ornamentation.
Duration: Initial term of 5 years, renewable up to a maximum of 25 years.
Registration Process: Requires formal application to the UKIPO.
Enforcement: Provides stronger protection; infringement can be actioned without proving copying.(Marks Clerk, Global Legal Post, Marks Clerk)
2. UK Unregistered Design Right (UKUDR)
Protection Scope: Protects the shape or configuration of 3D articles (excluding surface decoration).
Duration: The lesser of 10 years from the end of the calendar year in which the design was first marketed or 15 years from the end of the calendar year in which the design was created.
Qualification: Limited to residents in the UK or certain qualifying countries.
Enforcement: Requires proving that the design was copied.(Marks Clerk, ICLG Business Reports, Wikipedia)
3. Supplementary Unregistered Design (SUD)
Protection Scope: Mirrors the protection previously afforded by the EU's Unregistered Community Design (UCD).
Duration: 3 years from the date of first disclosure in the UK or another qualifying country.
Qualification: Established by first disclosure in the UK or another qualifying country; first disclosure in the EU does not establish a SUD.
Enforcement: Provides protection against copying.(TLT Solicitors, British Chamber of Commerce Singapore, GOV.UK, Wikipedia)
4. Continuing Unregistered Design (CUD)
Protection Scope: Applies to designs that were Unregistered Community Designs (UCDs) before the end of the Brexit transition period.
Duration: Continues to protect the design in the UK for the remainder of its 3-year term.
Qualification: Applies to designs that were UCDs before the end of the Brexit transition period.
Enforcement: Provides protection against copying in the UK.(TLT Solicitors, Global Legal Post)
📝 Registration Process for Registered Designs
To register a design in the UK:
Prepare Application: Submit a completed application form along with clear images or drawings of the design.
File Application: Apply through the UKIPO's online service or by submitting the form titled "UK design application".
Examination: The UKIPO examines the application for formal requirements; substantive requirements of novelty and individual character may be challenged through the courts or the UKIPO tribunal.
Publication: Upon approval, the design is published, making the design publicly known.(Global Legal Post)
⏳ Duration and Renewal
Registered Design Right (RDR):
Initial Term: 5 years from the filing date.
Renewal: Can be renewed for additional 5-year periods, up to a maximum total of 25 years.
UK Unregistered Design Right (UKUDR):
Duration: The lesser of 10 years from the end of the calendar year in which the design was first marketed or 15 years from the end of the calendar year in which the design was created.
Supplementary Unregistered Design (SUD):
Duration: 3 years from the date of first disclosure in the UK or another qualifying country.(British Chamber of Commerce Singapore)
Continuing Unregistered Design (CUD):
Duration: Continues to protect the design in the UK for the remainder of its 3-year term.(Global Legal Post)
🌍 International Protection
The UK is a member of the Hague Agreement, allowing for international design registrations. Designs registered in the UK can be extended to other member countries through the Hague System.
⚖️ Enforcement and Legal Recourse
Infringement of design rights in the UK can lead to:
Civil Actions: The rights holder may initiate legal proceedings to seek remedies such as injunctions and damages.
Criminal Sanctions: Serious infringements can result in fines or imprisonment for up to two years.
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Registered Designs Act 1949 |
| Protection Criteria | Novelty and individual character |
| Registration Process | Submit application with images to UKIPO; examination and publication |
| Duration of Protection | Varies by type: RDR (up to 25 years), UKUDR (10–15 years), SUD (3 years), CUD (remaining term) |
| International Protection | Available through the Hague Agreement |
| Enforcement | Civil actions and criminal sanctions |
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