What is a Registered Design

A registered design is a legal right which protects the overall visual appearance and features of a 2D and 3D product or a part of a product in the country or countries you register it.

> WHAT IS REGISTERED DESIGN RIGHT

A registered design is a legal right which protects the overall visual appearance and features of a 2D and 3D product or a part of a product in the country or countries you register it.

  • A three-dimensional product such as an industrial or handicraft item.

  • A two-dimensional ornamentation e.g. a pattern intended for display upon a product or a stylised logo.

The term product can also refer to packaging, graphic symbols, typographic typefaces and parts assembled into a more complex products.

> WHAT DOES A REGISTERED DESIGN DO

It forms the basis of an infringement action against other parties, and will helps stop others from creating designs which are too similar to your own - within the geographical area that the design has been registered.

> THE BENEFITS OF A REGISTERED DESIGN

  • It is easier to sell or license.

  • It is easier to stop people from copying the design.

  • The registration of the design often acts as a deterrent.

  • It lasts for 25 years.

  • The onus is on any infringing party to prove they have not infringed the rights.

  • The design is on IPOs register.

> FOR A REGISTERED DESIGN TO BE VALID IT MUST :

  • Be new - no identical (or similar) design has been published or publicly disclosed in the UK. 

  • Be new - no identical (or similar) design has been published or publicly disclosed in the European Economic Area (EEA).

  • Have individual character - the appearance of the design (known as the overall impression) is

  • different from the appearance of other already known designs.

> THE EXCLUSIONS FOR REGISTERING DESIGN ARE :

  • The design by legal definition is not a design

  • It is offensive

  • It consists of, or includes, certain protected flags and international emblems

  • It is solely dictated by the product’s technical function

> DURATION OF A REGISTERED DESIGN

As long as renewal fees are paid every five years, a Registered Design generally has a life of 25 years.

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