Duration of unregistered design right protection

In the UK, Design Right protection subsists in an original design for 15 years from the end of the calendar year in which the design was first recorded.

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If an article was made to the design during the first 5 years of this term, then protection is ten years from the end of the calendar year in which this first occurred.

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Design Right is infringed if a third party produces, imports, sells, lets or hires an article for commercial purposes without permission to do so from the owner of the design. A third party can also infringe Design Right by making a design document for the design in question for the purpose of enabling an article to be made.

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In the European Community, Design Right protection subsists in a new design that has individual character. This lasts for three years from the date of the first public disclosure of the design within the European Community.

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In the UK, a third party wishing to use a design is entitled to a license as of right in the last five years of the term of protection of the design. If such a license is taken, this does not result in infringement of the Design Right.

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There are certain designs in which Design Right subsists and which may also be afforded Registered Design Protection. Our technical staff can advise on the most suitable form of protection to ensure that every element of a design is sufficiently protected. We can also provide advice on Copyright or Unregistered Design Right Infringement and licensing issues.

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If you would like assistance with an Unregistered Design matter then get in touch with our expert team today.

unregistered design right protection

unregistered design right protection