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Our trade mark and design attorneys are experts in all aspects of design law and practice and we have a worldwide network of carefully selected associate attorneys to ensure that we can provide services of the same high calibre around the globe.
Design rights protect the visual appearance of a product. This includes features such as shape, configuration, contours, surface decoration, texture, colour, and ornamentation. Protection can arise either automatically (unregistered rights) or through formal registration, with differing scopes and durations in the UK and EU.
A registered design grants an exclusive right to use the appearance of a product and to prevent others from using it without permission. It provides strong and clear protection—covering both two-dimensional and three-dimensional designs—for up to 25 years, subject to renewal every 5 years. Registered designs are easier to enforce and offer broader protection than unregistered rights.
Since Brexit, UK and EU design systems operate separately:• To protect a design in the UK, you must register it with the UK Intellectual Property Office (UKIPO).• To protect a design in the EU, you must register with the EU Intellectual Property Office (EUIPO).Previously existing EU designs that were registered before the Brexit transition have been "cloned" into equivalent UK rights, but new filings must be made separately.
Unregistered design rights arise automatically upon creation or disclosure of a qualifying design, but the scope and duration of protection vary:• In the UK, unregistered design right protects the shape and configuration of three-dimensional objects (not surface decoration) for up to 15 years (or 10 years from first marketing).• In the EU, the Unregistered Community Design (UCD) right protects the overall appearance of a product—both 2D and 3D—for 3 years from the date of first public disclosure.
Yes—first disclosure is critical to where unregistered design rights arise.• If you first disclose a design in the UK, it may not qualify for unregistered protection in the EU.• Similarly, first disclosure in the EU may prevent the design from qualifying for UK unregistered rights.If unregistered protection in both territories is important, consider simultaneous coordinated disclosure - or, better yet, apply for registration.
Registration is strongly recommended if:• Your design has long-term commercial value.• You operate in multiple markets.• You want a clear and enforceable right to deter or take action against infringement.While unregistered rights are useful in fast-moving industries like fashion or tech accessories, they offer shorter, weaker protection and are harder to enforce due to the need to prove copying.
Registered designs offer:• Longer duration (up to 25 years).• A presumption of validity.• No need to prove copying - infringement can occur even if the design was created independently.• Easier licensing, sale, and enforcement.By contrast, unregistered rights require you to prove both ownership and that copying occurred—often difficult without clear evidence.
Possibly—but it’s risky. In both the UK and EU, a 12-month grace period exists, allowing you to register a design up to a year after first disclosure without losing rights. However, if others independently register or use a similar design during this period, you may be left unprotected. Early registration is always the safest strategy.
The Victor is proud to provide our intellectual property and intellectual asset management services in association with Etched®.
