Design & Copyright
Designs
Registered Designs and Design Right
Design right and registered designs protect the appearance of an item, whereas patents protect the concept behind it. Thus, if the appearance and the concept of an article are new, not only is it likely to be protected by design right, but it is also likely to be susceptible to both patent and design right protection.
Registered designs
Just as a patent protects the concept or idea a product is based on, a registered design protects its appearance. The design must have “individual character,” and even a part of an item can be protected in this way, including specific features of lines, contours, colours, shape, texture, or materials from which it is constructed, or even its ornamentation.
Registered design protection can be obtained for the UK and abroad. Specifically, the European Community Registered Design system permits registered design protection in Europe.
Design Right
It is important to distinguish between registered designs and the design right that automatically provides protection against copying by third parties of the shape or configuration of a product. Unregistered design right comes into existence on creation of the design, providing it is original and not commonplace. In general, two-dimensional designs (such as graphic art work or fabric or wallpaper designs), do not qualify (though they may be eligible for copyright or registered design protection).
An example where both design and patent protection might be appropriate
A few years ago a new type of kettle was developed: it sat in a base to which the electricity was supplied, rather than having a cable plugged directly into the kettle. The base feature was patentable, because it allowed easy removal of the kettle for filling and pouring, without disturbing the cable, and the base itself gave the overall product a new appearance that could have been registered. The new kettle would also have been protected by design right.
Products for which Howard Lock has been involved in obtaining both design and patent protection range from dental floss to wine packaging to small articles used in the building trade.
Copyright
Copyright provides protection against copying of the whole or a substantial part of a literary, dramatic, musical or artistic work, a film, a sound recording, a typographical arrangement, or a broadcast. Computer software is protected by copyright, because it is considered to be a literary work. Copyright arises automatically on creation of the work. In the UK, copyright does not protect the shape or configuration of industrial designs. These are subject to protection by design right.
Explore how Howard Lock can help protect your design
Contact us by phone or e-mail to find out more about how we can help you protect your creative designs. There is no charge for your initial consultation.
This website is intended to provide general information about intellectual property laws and is in no way a substitute for specific legal or technical advice that may apply to your particular circumstances or those of your business.