Understanding the Importance of Design Registration
In the UK, innovation and creativity are the lifeblood of the design industry, encompassing everything from industrial products to fashion and beyond. Protecting these designs is crucial for maintaining originality and ensuring creators can reap the benefits of their inventions. One effective way to protect your design is through design registration.
In the UK, designers are automatically granted a "design right" upon creation. This right is akin to copyright but specifically protects the three-dimensional shape or pattern of an object. Design right doesn't require registration; it comes into effect automatically and offers protection against copying for up to 15 years after creation or 10 years after the first commercial use, whichever is earlier.
Why Register Your Design?
While automatic design rights offer a level of protection, registering your design with the Intellectual Property Office (IPO) provides a stronger safeguard. Registered designs are protected for 25 years, subject to renewal every 5 years, and cover a broader range of characteristics, including the appearance, physical shape, configuration, and decoration. This makes it easier to take action against infringement and proves your ownership, which can be invaluable in disputes.
The Benefits of Design Registration:
- Enhanced Protection: A registered design is legally enforceable, offering a higher level of protection against imitation and infringement.
- Broader Coverage: Registration covers both three-dimensional forms and two-dimensional designs, such as patterns and ornaments.
- Proof of Ownership: Holding a registered design simplifies the process of proving ownership in legal disputes.
- Commercial Advantage: Registered designs can increase the market value of your product, making it more appealing to investors and buyers.
How to Register Your Design
Step 1: Prepare Your Application
Before applying, ensure your design is new and has individual character. You'll need to provide representations of your design from different views to show its distinctiveness.
Step 2: Apply Online or By Post
The UK Intellectual Property Office (IPO) allows you to apply online or by post. The online application is quicker and cheaper, with detailed instructions provided on the IPO website.
The Price
- Online applications cost £50 for the first design, £70 for up to 10 designs and £150 for up to 50 designs.
- Postal applications have a higher fee of £60 for the first design and £40 for subsequent designs.
Step 3: Examination and Registration
Once submitted, the IPO will examine your application to ensure it meets the necessary criteria. This process typically takes up to 3 weeks. If approved, your design will be registered, and you'll receive a certificate of registration.
Registering a design in the UK is a strategic move for any designer seeking to protect their creations. While the automatic design right offers basic protection, a registered design provides a robust legal standing, broader protection, and commercial benefits. By understanding the registration process, costs, and benefits, designers can ensure their innovations are safeguarded, allowing them to focus on what they do best: creating.
Once you have a design registration, you are ready to tackle any online marketplace design infringements you may have been experiencing. Online marketplaces react more attentively once you have official IP protection. Therefore if you have been experiencing online copies of your product, a design registration is an inexpensive way to give you the power to remove these infringements.
If you need help tackling the takedown processes of each of the major online marketplaces, then check out our How To Guides for a step by step guide of where to go and what to do.
If it all seems a little too over whelming, we can help. IP Moat is a platform designed to give you a dashboard to find and remove listings that infringe on your IP from a range of online marketplaces. Therefore, you don't need to go through lengthy set up processes for each different marketplace. The best thing is, it's FREE to find those infringing listings. All you need to do is enter your IP. Sign up for free online marketplace searches at www.ipmoat.ai. Or drop us an email at hello@ipmoat.ai to arrange a demo and a chat.
