Unregistered Design Right

Unregistered Design Right protects design features of shape and configuration of the whole or part of an article, provided that the design is not “commonplace” in the design field at the time of its creation. Unregistered Design Right protects industrial designs and other designs, whether or not these designs appeal to the eye.

As the name suggests, Unregistered Design Right is not acquired by registration, but is acquired automatically when a design is created. It is a form of copyright applicable in the United Kingdom and the EU, but not generally available in other countries..

Unregistered Design Right lasts (in the UK) for 10 years from the year of first marketing.  In the last five years, anyone who wants a licence to use the design can have one, on terms set by the UK Intellectual Property Office (UKIPO) if the parties cannot agree terms. Under the EU provisions, protection is only for 3 years.

To take action against an infringer of an Unregistered Design Right, it is necessary to satisfy a court that you are the owner of the design, and that the infringer has copied the design or a substantial part of the design (as opposed to having created a similar design independently).

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