What are Design Rights?
Design rights protect the appearance, shape and configuration of a product and can be registered or unregistered. Design owners can apply for a UK Registered Design mark or a Community Registered Design mark.
A registered design must meet certain criteria and must be:
- Novel;
- Of individual character; and
- Not excluded by statute.
Protection lasts up to 25 years and the rights are renewed every five years. Registering a design is relatively low-cost and is appropriate for industries such as fashion where design is fundamental in recognising and selling the product.
If a design is registered, subject to meeting the criteria, it will have a right against copying. Protection is given at both the UK and EU level. The EU right is much broader but only lasts for three years. The UK right gives ten years’ worth of protection from when the product was first marketed.
What is Design Right Infringement?
Design rights give the designer the exclusive right to reproduce the product and to record the design of the product with the purpose of reproducing it. There will be primary infringement of a design right if the designer’s design is reproduced or recorded without the designer’s permission.
What Remedies are Available for Design Right Infringement?
The remedies for design right infringement are very similar for the remedies for patent infringement and include:
- Basic or additional damages;
- An injunction to prevent further infringement of the design right;
- An order for delivery up or destruction of the infringing goods; and
