Designs

CONTENTS

How we can help with your registered design/unregistered design
How we work with you
Meet the team

Services

Designs are wonderful things but complicated in legal terms. The law separates designs into those which have aesthetic value, a new and novel ‘look’ and can registered – a “registered design”; and those which lack ‘eye appeal’ but which still have elements of design – an “unregistered design right”.

Both registered design and UDR are capable of protection in both the UK and the EU and different protection periods apply in each.

The scope of protection differs for each too – a registered design is a ‘monopoly right’ (similar to patents and trade marks) which prevent an infringer from producing, selling, manufacturing, importing etc products made to the design which does ‘not create a different overall impression on an informed user’. A UDR in contrast, is only infringed if someone copies the design and produces an article to the design which is substantially the same as that which is protected.

How we can help with your registered design/unregistered design

Our Intellectual Property team can help you whether you have a registered design or need to register a design. Below are some of the ways in which we can help you:

Design audit – understanding your design rights.
Design strategy – deciding on the best way (in terms of budget and territory) to register your designs.
Enforcing your design rights.
Entering into exploitation agreements.

How we work with you

Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:

Over the telephone
Via video conferencing
In face to face meetings

We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.

Meet the team

You can find contact details for our Designs team below.

Introducing your key contact

Laura Trapnell
Partner – Head of Commercial and Intellectual Property

Contact

Meet the Designs team

KEY CONTACTS

Design related frequently asked questions

Why should I register?

Registering your design, if it fulfils the criteria of registrability, makes it much easier to take action against anyone who deals with products (registered design) or makes an article to the design (unregistered design right) without permission. A registered design is your property, so you can sell it, let others have a license to use it and derive income from it, or use it as collateral to raise money. Even if you have an unregistered design, this is still a valuable asset which you can licence.

What should I register?

You can only register designs which have eye appeal and which are capable of registration. We can help you with this. You should register the design itself.

Where should I register?

Registered Designs are territorial, so it is important that you obtain protection in the key territories in which you trade.

How do I get a Registered Design?

You can apply through the intellectual Property Office here in the UK. If you wish to apply internationally, it is probably better to speak to an expert.