What is a Design?
A registered design protects the visual appearance of products and packaging, which can include shape or contours of a product, patterns or decoration, or the configuration of a product.
If products have an innovative and distinctive appearance, which is new, obtaining registered protection for the design is essential to protect the investment made in developing the design.
Registered design protection is a monopoly right which means that only the right holder has the exclusive right to use the design. This type of registered right is commonly used to take legal action against copycat or ‘look alike’ products.
In addition, a product or packaging which is protected by a registered design and carries a notice to this effect on the product may deter competitors from launching a similar looking product or packaging.
To be a validly registered right, the design must be new or filed within a grace period. Not all territories have a grace period and therefore where overseas design registrations are required, it is important to seek advice on an appropriate strategy before publicly disclosing the design.
In addition to protection which can be obtained by registering designs, designs may also be protected by unregistered design right and copyright.
Our Design Services
We can help with protecting and enforcing your design in the UK and throughout the world. We offer a wide range of services relating to designs, including:
- Pre-filing advice
- Filing and registration of designs
- Advising on unregistered designs
- Invalidity actions
- Infringement advice
- Management of design portfolios
- Preparation of assignments and licences
- Recordals
- Renewals