Testimonials
Thank you so much for taking the time and trouble to obtain information on the details that we sent to you. P. Somers
Ask a question
Did you know...
Is a US design an examination process or a registration process?
In the US, there is an Examination process. Prior art designs in the same category are considered before your application can be granted.
I have a market in the USA. Will my copyright extend to America?
Yes. The UK and the US are both signatories to the Berne Convention. However, if you intend to rely on copyright in the US, then it is possible to register it in a central depository. This is not possible in the UK.
Helpful tip
How do I mark my work to warn competitors of my rights?
Print your design registration numbers on your product or packaging, eg Registered Community Design 001722356-001.
Copyright - An Overview Of UK Law
- Copyright is a property right which automatically subsists, inter alia, in an original literary, dramatic, musical or artistic work.
- Copyright cannot be registered, although we recommend keeping records enabling the date of creation of a work to be easily determined.
- Ownership of copyright is not transferred by virtue of a commission, and this should be borne in mind when engaging designers and the like.
The question of whether an article is a work of artistic craftsmanship has to be carefully determined, whether the article is protected by copyright or unregistered design right. Please click here for more Design Right.
Copyright in an artistic work expires at the end of the period of 70 years from the end of the calendar (subject to exceptions). However, if an artistic work is exploited by industrial manufacture of a design term is limited to 25 years from the end of the calendar year in which the article is first marketed.
Copyright is infringed by a person, who without the permission of the copyright owner,
- Copies the work,
- Issues the work to the public,
- Rents or lends the work to the public,
- Performs, shows or plays the work in public,
- Broadcasts the work or includes it in a cable programme service,
- Makes an adaption of the work or does any of the above in relation to an adaption.
Copyright is also infringed by a person who without the licence of the copyright owner does, or authorises above restricted acts.
We advise on copyright issues on a case by case basis, and we kindly ask you to telephone us if you copyright. The information on this page is simplified for general interest only and does not constitute.
Designs - Unregistered Design Rights
Although unregistered design rights are useful, they are relatively short term, and should not be considered a substitute for registered rights. However, if you do intend to rely on unregistered rights, then you should make sure that you keep accurate records of design creation. It is also helpful to keep dated copies of your competitor’s brochures and any
other available literature.
Main Advantages Of Unregistered Design Rights »
- They are free.
- No renewal fees need to be paid to keep the rights in force.
- In the UK, protection lasts for a maximum term of 15 years from the end of the calendar year in which a design document or first made, or, if the design is made available for sale or hire within 5 years from 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 in a case of alleged infringement.
- It is a monopoly protection, ie you have a registration certificate and the exclusive right to use the design
- You do not have to prove “copying” to show infringement
- A wide range of designs are potentially registrable.
- You can extend a registration to other countries and take advantage of Convention priority (see also Foreign Design Registration).
