Do I need to register my design?

There are different kinds of protection which may apply to designs.

These are:

  • UK Registered Designs
  • UK unregistered Design Right
  • Registered Community Designs
  • Unregistered Community Designs
  • Copyright

Information about other kinds of intellectual property such as trade marks, patents and copyright are available.

Use the table below to compare these different kinds of design protection and facts about Copyright. Some exclusions will apply to all of these so you will need to carry out additional research.

Read down the first column to find the relevant question, then read across the row to see the answers for the different types of protection. The answer for a UK registered design protection is in the second column. UK design right protection is in the third column and unregistered community design protection the fourth column.UK Coptyright in the final column.
  UK Registered Design UK Design Right Registered Community Design Unregistered Community Design UK Copyright
How do I get protection? You need to register your design with us. Automatic right, no registration required. You need to register your design with OHIM (the European Trade Marks and Designs Registry) Automatic right, no registration required. Automatic right, no registration required.
How long does protection last? 25 years from the filing date of your application, provided your design is renewed every 5 years. Protection expires 15 years from the end of the calendar year in which the design was first recorded or incorporated into an article or 10 years from the end of the calendar year in which articles made to the design were first made available for sale or hire anywhere in the world. 25 years from the filing date of your application, provided the design is renewed every five years. 3 years from the date the design is first made available to the public in the EEA. Its disclosure in the EEA must have been its first disclosure.

70 years after the death of the artist or designer or, if articles are made by an industrial process, 25 years after the first marketing of such articles.

An article has been made by an industrial process if it is one of more than 50 articles made to the same design.
Type of protection Monopoly protection. Exclusive right against copying. A licence of right is available for the last five years of protection. Monopoly protection. Exclusive right against copying. Exclusive right against copying.
Can I renew this type of protection? Yes, you must renew every 5 years up until the maximum of 25 years. No. 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 technical function. Any aspect of the shape or configuration of the whole or part of an article, but not the article itself. Surface ornamentation and other two-dimensional designs are not protected. The overall appearance of the design, excluding features dictated by technical function. The overall appearance of the design, excluding features dictated by technical function.

An artistic work, which means:

  • A graphic work, photograph, sculpture or collage, irrespective of artistic quality.
  • A work of architecture, being a building or a model for a building or
  • A work of artistic craftsmanship.
Copyright protects design drawings, but does not prevent anyone making articles based on design drawings.
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. 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 work.
How much does it cost? GBP £60 to apply for a single design. Nothing. OHIM's fee calculator External Link Nothing. Nothing.
How easy is it to enforce? No need to prove that your design was intentionally copied to enforce your rights. You must prove that your design was intentionally copied or that the potential for copying existed, if you want to enforce your rights. It is advisable to keep a record that proves the date your design was created and when it was made available for sale or hire. No need to prove that your design was intentionally copied to enforce your rights. You must prove that your design was intentionally copied to enforce your rights. It is advisable to keep a record that proves the date your design was created and when it was disclosed to the public. You must prove that your design was copied, whether intentional or not, to enforce your rights. It is advisable to keep a record that proves the date your design was created and recorded in a fixed form.
Can I sell it or licence it? Yes. Yes. 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. Protection will apply in all Member States of the EU. Protection will apply in all Member States of the EU. The Berne Convention on copyright requires its members to protect artistic works. Berne Convention countries are required to protect artistic works for at least 50 years following the death of an artist. If a country has special rules relating to copyright in industrial designs (as the UK does) then Berne Convention countries are only obliged to provide the same level of protection as is granted in the country from which the work originates.