Do all designs qualify for design right?

No. The design must be the shape or configuration of a product.

Two-dimensional designs, such as textile or wallpaper designs, will not qualify, they may be covered by copyright and it is possible to apply for registered design protection.

We cannot give design right to designs that are commonplace, everyday or ordinary.

Semiconductor chips

Designs of semiconductor chips will get design right protection. However, in order to comply with a European Community Directive, the exclusive rights in semiconductor chip designs will last for the full 10 years, so licences of right to copy will not be available during the last five years of the term.

Are there any exceptions to design right?

Yes. Design features enabling one product to be functionally fitted or aesthetically matched to another get no protection. These so-called 'must-fit’ and 'must-match’ exceptions are there so that competing designs for spare parts cannot be kept out of the market.

Competitors cannot be stopped from copying any features of a protected design that enables their own design to be connected to or matched with existing equipment designed by someone else. However, competitors will infringe design right if they copy features of a protected design where there is no need to do so.