How do I get design right protection?

Design Right is like copyright in that the protection arises automatically when the design is created.

You do not have to apply to register Design Right, but it may be wise to keep a note of when the design was first recorded in material form, and when articles made to the design were first made available for sale or hire or otherwise disclosed to the public.

This information may be useful if someone challenges your rights in the design or if you believe someone is infringing your rights and you wish to take the alleged infringer to court.

You can take certain steps to provide evidence that you are the first owner of the Design Right. You could, for example, deposit a sample or a copy of your design drawings with a bank or solicitor. Alternatively, a designer could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return. However, there is no guarantee that this will prove establishment of Design Right before the Courts. A number of private companies operate unofficial registers, but it would be sensible to check carefully what you will be paying for before choosing this route.