Guide to design protection

The aims of the CIPA guide to design protection are:

• to provide a short simple insight into the field of design protection.
• to indicate the different types of protection available for designs.
• to outline what action if any is required to obtain the various forms of protection.

The guide does NOT attempt to provide a comprehensive explanation of design legislation nor seek to cover the many factors involved. Design protection is a complex area of law and it is advised that competent professional assistance is sought for each situation.

See also the CIPA guide to Community Designs

The Chartered Institute of Patent Attorneys

The Chartered Institute of Patent Attorneys was founded in 1882 and incorporated by Royal Charter in 1891. Having been at the forefront of Intellectual Property for more than a century its reputation throughout the world is such that its members, often called Patent Attorneys, are in great demand.

What is a Patent Attorney?

Patent Attorneys are qualified not only by years of experience but also by a very tough series of examinations. Fellows of the Chartered Institute of Patent Attorneys are probably the best-qualified intellectual property professionals in the world. Their qualifications cover not only all aspects of patents, trade marks, designs and industrial copyright in the United Kingdom but they have the skills and experience necessary to obtain protection for their clients also in Europe, the USA, Japan or, indeed, anywhere in the world.

Introduction to Design Protection

Design can be very important, and can for instance be the reason that a particular product is chosen or desired. A significant amount of work may be involved in producing a design, and it is therefore important wherever possible to provide protection for this design work. Design protection can be very important in preventing competitors from using the same or a closely similar design. Design protection may be used when necessary against another party who has produced the same or a closely similar design, and particularly where a design has been copied. Design protection can also be used in licensing a design to third parties and therefore potentially providing an extra income source.

What is a Design?

The recent European Union definition of design is the appearance of the whole or part of a product resulting from features such as the lines, contours, colours, shape, texture or materials of the product or its ornamentation. Such products can include graphic symbols, screen displays, logos, typefaces and packaging. Accordingly the scope of what is meant by “a design” is very broad, and principally falls into two categories, whether the design is two dimensional or three dimensional.

Types of protection available

Three types of protection are potentially available which are summarised below, with further details following.

Registered Designs

As the name suggests, these are obtained by registration, and can protect the appearance of new two dimensional or three dimensional designs.

Copyright

Copyright is a right associated with a particular “copyright work” and is a right to stop unauthorised copying of the work. Copyright is largely applicable to two dimensional designs, but can provide protection for some three dimensional designs.

Design Right

This is an automatic type of protection which provides protection for a limited period for most three-dimensional designs.