Your ownership over your industrial design can last for a number of years, depending on whether or not it is registered.
Unregistered Designs
Unregistered designs are still protected as your intellectual property even without registration.
However, the length of protection may be shorter than a registered work
An unregistered design that is never sold will remain protected for 15 years following the date that it was first put into a concrete form (this can be a drawing or a plan of the final design).
If the design is unregistered but is sold by the creator, then it will be protected for 10 years following the date that the product featuring the design is first listed for sale.
It is important to note that an unregistered design can only be used by the original creator unless written permission is provided.
If someone uses an unregistered design not belonging to them without permission, then they will be infringing upon the creator’s intellectual property.
Registered Designs
Designs which have been registered with the relevant authority are generally afforded a longer time frame of protection than those which remain unregistered.
A design will only be accepted for registration as long as it meets the appropriate criteria. This includes originality, inoffensiveness, and lack of infringement, primarily.
You will also need to pay a fee, the price of which varies depending on how many designs you wish to register.
In the UK, an approved registered design can remain protected for up to 25 years following the date of registration.
This, however, is only possible if you renew your design registration every 5 years, as required by the UK Government.
Renewing your design registration will require a small maintenance fee.
Whilst the payments for design registration are considerably less than those to patent an invention, for example, it is still an investment to be considered.
If your design is an integral part of your product or business venture, then you may find that registering the design is aworthwhile investment to help protect your brand.
Industrial Design House are on hand to discuss your options with you and help you decide whether design registration, or another form of intellectual property protection, is the best option for you.
Disclaimer: The information given on this website does not constitute legal advice. We recommend that you seek specialist legal advice in accordance with specific circumstances
