Although unregistered design rights are useful, they are relatively short term, and should not be considered a substitute for registered rights.

If you do intend to rely on unregistered rights, then you should make sure that you keep accurate records of the design creation. Keep an original copy of your design process and final design, signed, dated and witnessed by a professional person, if possible.

It is also helpful to keep dated copies of your competitor's brochures and any other available literature.

1. They are free.
2. No renewal fees need to be paid to keep the rights in force.
3. In the UK, protection lasts for a maximum term of 15 years from the end of the calendar year in which the design was first recorded in a design document or first made, or, if the design is made available for sale or hire within 5 years from creation, then protection lasts for 10 years from the end of calendar year in which that first occurred.

The main disadvantages of relying on unregistered rights are that you have to prove that you own them and you have to prove copying in a case of alleged infringement.

1. The maximum term of protection is 25 years from filing.
2. It is a monopoly protection, ie you have a registration certificate and the exclusive right to use the design.
3. You do not have to prove "copying" to show infringement.
4. A wide range of designs are potentially registrable.
5. You can extend a registration to other countries and take advantage of Convention priority (see also Foreign Design Registration).