Designs
A properly registered design gives the owner a maximum 25–year monopoly on the use of that design.
“Design” means the appearance of the whole or part of a product resulting from features such as colour, shape, texture or pattern. The product can be any industrial or handicraft item and includes packaging and graphical symbols on stationery.
Registration can be obtained quickly and the exclusive rights are effective for new designs which have “individual character”. The registration may not be valid, however, if the design was already known more than 12 months before the application was made or, in the case of a shape design, if that shape is purely functional. There are other exceptions, too.
Copyright or “unregistered design rights” may also protect a design, but only against copying which is deliberate and which can be proved to have taken place.
Registered design protection is best obtained as part of a scheme of protection
which includes registered Trade Marks. It is available as a national right
in the United Kingdom (and other territories) or as a Community Design, covering
the whole of the European Union.
© 2003-2007, Wildbore & Gibbons
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