3. Design Rights
• Protect appearance of product – shape, colour, texture materials, ornamentation
etc.
• Designs must be “new and of individual character”
• Unregistered Design Right arises automatically in Europe = free (like copyright)
but not always easy to enforce
• Registered Design protection lasts longer and is stronger
• Can be almost as useful as a patent in cases where the appearance is strongly
intertwined with the functionality (see example on final slide)
• In Europe or USA, application can be filed up to one year from first marketing
• Cost-effective Europe-wide protection available
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur
4. Registered Design Right
• What is protected
– Novel design which has “eye appeal”
• Nature of right
– Monopoly right
• Form of registration
– Registration in designs registry at Patent Office
• Excluded from protection
– Methods or principles of construction (see patents)
– Features dictated solely by the product’s function,
– Features dependent upon the appearance of another article of which the design
forms an integral part
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur
5. Registered Design Right
• Duration of protection
– 25 years from date of application, in five-year periods
• Owner
– Author, or employer if product made in course of employment
• Governing legislation
– Registered Designs Act 1949, as amended by Copyright, Designs and Patents
Act 1988
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur
6. Registered Design examples
Can be almost as useful as a patent in
cases where the appearance is strongly
intertwined with the functionality
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur
7. Registered Design examples
Can be almost as useful as a patent in
cases where the appearance is strongly
intertwined with the functionality
Copyright of Bart Clarysse and Sabrina Kiefer
The Smart Entrepreneur
