Designs

UK Registered Designs

A UK registered design gives its proprietor an exclusive right to the design, meaning that a similar design offered after the filing date of the UK registered design, by a competitor, may infringe regardless of whether the competitor copied the design. In such instances, the registered design can be leveraged to protect a commercial position firstly via ‘cease and desist’ correspondence and negotiation, and, if needed, legal proceedings can be filed through the courts. A UK registered design can provide up to 25 years of protection, subject to payment of renewal fees every 5 years.

If a registered design is required, ideally the application should be filed before any non-confidential disclosure of the design. Nevertheless, many major jurisdictions, such as the UK, Japan, USA, and the EU, provide a 12-month grace period from the earliest disclosure in which registered design applications may still be validly filed. Some countries have a shorter grace period, but some countries, including for example China, have no such grace period.

Our team of attorneys has extensive experience in helping clients secure registered design rights in the UK and abroad, as well as asserting registered and unregistered design rights. Over the years, we have assisted clients in negotiation and securing remedies such as cessation of activity or licensing. This has resulted in revenue streams back to the organisation, and a clear return on investment for securing the design right and the design development work itself. We have also assisted clients in defending against infringement attacks by third parties.

We can provide support and guidance throughout, facilitating the application process in the UK, leading to a positive outcome, and acting on behalf of our clients concerning any defensive actions as required.

UK Registered Designs

Protection for invention.