Introduction to Copyright and Unregistered Design Right Protection
CopyrightCopyright protects original literary, dramatic, musical and artistic works from copying by unauthorised third parties, and subsists automatically once the work has been recorded.
UK Unregistered Design Right
UK Unregistered Design Right protects functional as well as aesthetic three dimensional features of shape and configuration of a whole or part of an article, and subsists automatically in an original design recorded in the form of a design document or once an article has been made the design.
Design Right does not subsist in the following:
- A method or principle of construction of an article.
- Three-dimensional features which allow the article to be placed in or around another article.
- Three-dimensional features of an article which are dependent on the appearance of another article to which it is intended to form an integral part.
- Surface decoration.
UK Unregistered Design Right
In contrast to UK Unregistered Design Right, European Community Unregistered Design Right protection is similar to the European Community Registered Design Right in that the design must be new, have individual character, must be visible to the eye during normal use of the design, and is available regardless of nationality or residence. However, like Copyright and UK Unregistered Design Right, European Community Unregistered Design Right provides a right to prevent copying by unauthorised third parties, and as such the act of copying must normally be proven for favourable prosecution of an infringement action.
Our Services
Our technical staff can advise on all aspects of Unregistered Rights, such as for example what term of protection is applicable to a particular work, licensing, and infringement.