Unregistered Designs

What is an unregistered design?

An unregistered design is an automatic right that arises, a little bit like copyright, once a new design has been created. Typically, it lasts for a shorter amount of time than a registered design. And also, usually when you have to show infringement of an unregistered design you have to show that it's been a copy. So, it's not a monopoly right.

What does an unregistered design protect?

An unregistered design, under European unregistered design law, protects the features of the appearance of an article rather than, for example, its function or the way that it's constructed, in the same way as for a registered design.

How long is an unregistered design protected for?

On the European unregistered design law, normally the unregistered design is protected for three years from the first marketing of that design. There's also a UK unregistered design right, which lasts for a maximum of 15 years or 10 years from the first marketing of the product, but there are licenses of right available in the last five years of the duration of design which means that anybody else can use it if they pay you a reasonable royalty.

Can I renew my unregistered design?

There are no provisions for renewing an unregistered design because it's not a registration right. It occurs automatically and you just need to keep good records to show that you have those rights if you want to use them again somewhere else. There is no provision for renewal.

Does a unregistered design give me monopoly rights?

No, an unregistered design isn't a monopoly right. You would have to show copying, so it's a copy right.