Since Brexit, there are two main types of design protection available in the UK:
A registered design (known as a UK Registered Design or UKRD); and
An unregistered design (known as a Supplementary Unregistered Design or SUD).
Post Brexit, unregistered design rights can now arise only in the territory in which the design is “first” disclosed. This means that many businesses face a dilemma. If they cannot simultaneously disclose their designs in both the UK and the EU, they may only have protection in one of these key territories and none in the other.
At the Victor, we take a cross-disciplinary approach to protecting and managing designs that combines design registration, where appropriate, and using Etched® intellectual asset management tool to imprint and date stamp design rights on the blockchain. The trans-national nature of the blockchain means that, for the first time, owners can claim genuine simultaneous disclosure in both the UK and the EU.
