Design right
Design right is an intellectual property right which applies to original, non-commonplace designs of the shape or configuration of products. Design right is not a monopoly right but a right to prevent copying.
Is design right protection enough?
You will have certain automatic rights in any new design you create. Use the table below to decide whether you should consider registering your design.
| UK registered design | UK design right | |
|---|---|---|
| How do I get protection | You need to register your design with us | Automatic right, no registration required |
| Length of protection | 25 years protection from filing date of application provided. | 15 years protection from end of calendar year first recorded in a design document or first made, or, if design is made available for sale or hire within 5 years of the above starting point, 10 years protection from end of calendar year that first occurred |
| Type of protection | Monopoly protection | Exclusive right against copying. A licence of right is available for the last five years of protection |
| Renewable? | Yes, every 5 years up to the maximum of 25 | No |
| What does it protect? | The overall appearance of the design, excluding features dictated by technical function | Only three-dimensional aspects of design, excluding surface ornamentation. Protects both functional and aesthetic aspects of design |
| Originality | Must be new (ie, not identical to existing designs) and have individual character | Must be original (ie, not copied from an existing design), and not commonplace |
| How much does it cost? | GBP £60 to apply or GBP £35 if the design is a textile made up of mainly checks, strips or lace | Nothing |
| How easy is it to enforce? | No need to prove design was directly copied in order to enforce rights | Must prove design was directly copied in order to enforce rights, and keep records proving date of creation |
| Can I sell it? | yes | yes |
| Does it give me protection abroad? | You can extend your United Kingdom protection to certain countries, mostly members of the Commonwealth | Reciprocal protection is only available in a limited number of territories |
