Do I need to register my design?
If you don't register your design, you may still have some automatic protection from unregistered rights. These are made up of:
- UK Design Right
- Unregistered community design
- An automatic copyright in the design drawings
Use the table below to compare the design laws that may affect your design.
| UK registered design | UK design right | Unregistered community design | |
|---|---|---|---|
| How do I get protection? | You need to register your design with us | Automatic right, no registration required | Automatic right, no registration required |
| How long does protection last? | 25 years from the filing date of your application | 15 years from the end of the calendar year where the design was first recorded in a design document or, if a design is made available for sale or hire within 5 years, 10 years from the end of calendar year that first occurred | 3 years from the date the design is first made available to the public |
| Type of protection | Monopoly protection | Exclusive right against copying. A licence of right is available for the last five years of protection | Monopoly protection |
| Can I renew this type of protection? | Yes, you must renew every 5 years up until the maximum of 25 years | No | No |
| What does it protect? | The overall appearance of the design, excluding features dictated by function | Only three-dimensional aspects of your design, excluding surface ornamentation. | The overall appearance of the design, excluding features dictated by technical function |
| Originality | Your design must be new, so not identical to an existing design, and have individual character | Your design must be original, so not copied from an existing design, and not commonplace | Your design must be new, so not identical to an existing design, and have individual character |
| How much does it cost? | GBP £60 to apply for a single design | Nothing | Nothing |
| How easy is it to enforce? | No need to prove that your design was directly copied to enforce your rights | You must prove that your design was directly copied to enfore your rights. You must also keep a record that proves the date your design was created | No need to prove your design was directly coped to enforce your rights |
| Can I sell it? | Yes | Yes | Yes |
| Does it give me protection abroad? | You can extend your UK protection to certain countries, mostly members of the Commonwealth | Reciprocal protection is only available in a limited number of territories | No, protection is only within the EU |