Key differences between design right and design registration
August 1, 2006
| Design right | Registered design |
| Applies only to three-dimensional articles – except for Unregistered Community Designs where they do apply | Applies to both two and three-dimensional articles |
| Covers the shape and configuration of products, internal and external – Unregistered Community Designs cover the whole product | Covers appearance of product, resulting particularly from the features of lines, contours, colours, shape, texture and materials of a product or its ornamentation |
| Automatic right | You must pay to register a design at the Patent Office |
| Lasts up to 15 years in the UK and three years in the European Union | Lasts up to 25 years in the UK only |
| You have to prove that you hold the design and that deliberate copying has taken place in infringement actions | Don’t have to prove copying in infringement actions |
| Less likely to act as a deterrent against infringement | More likely to act as a deterrent against infringement |
| Difficult to establish for selling and licensing purposes | Easy to sell or license |
Entry Filed under: Business Extra. .
Trackback this post | Subscribe to the comments via RSS Feed