Design rights protect the aesthetic aspects of products, as distinct from their function. They cover elements like the shape of a chair, the pattern on fabric, the ornamentation on jewellery, or the graphical user interface of software. Design rights exist in both registered and unregistered forms, each offering different levels and durations of protection. Registered design rights (called design patents in the US) require formal application to an IP office and provide stronger, longer-lasting protection — up to 25 years in the EU and UK, or 15 years in the US. Unregistered design rights arise automatically upon creation (similar to copyright) but offer shorter protection — typically 3 years in the EU and 10-15 years in the UK. To qualify for registration, a design must be new (not previously disclosed to the public) and have individual character (creating a different overall impression from existing designs on an informed user). The novelty requirement means that publicly disclosing a design before filing can destroy your ability to register it, though grace periods exist in some jurisdictions.
Why It Matters
For industries where visual design is a key competitive differentiator — fashion, consumer electronics, furniture, automotive, and packaging — design rights provide essential protection. They fill the gap between patents (which protect function) and trademarks (which protect brand identity), covering the aesthetic elements that attract customers and command premium pricing.
How This Connects to IP Protection
immut provides crucial timestamped evidence for design right protection. For unregistered design rights, a blockchain timestamp proves when the design was created, which is essential for enforcement. For registered designs, having a dated record before public disclosure proves the design's novelty at the time of filing. This evidence is particularly valuable in fast-moving industries like fashion where design cycles are short.
Common Mistakes to Avoid
Design rights protect how a product works: Design rights only protect the visual appearance of a product, not its functionality. If a design feature is dictated solely by technical function, it cannot be protected as a design right. Functional features should be protected through patents or utility models instead.
You need to register to have any design protection: Unregistered design rights arise automatically in many jurisdictions. In the EU, unregistered Community designs provide 3 years of protection from first disclosure. In the UK, unregistered design rights protect the shape and configuration of original designs for up to 15 years. However, registered rights are significantly stronger.
Publishing your design on social media is safe before filing: Public disclosure of a design before filing a registration application can destroy its novelty and prevent registration. While some jurisdictions offer a 12-month grace period (EU, UK), relying on this is risky. Always file for registration before public disclosure, or at minimum, document the design with a timestamp.
Frequently Asked Questions
What is the difference between a design right and a design patent?
The terms refer to essentially the same concept in different jurisdictions. In the US, the protection is called a 'design patent' and lasts 15 years. In the EU and UK, it is called a 'registered design' and lasts up to 25 years. Both protect the ornamental or aesthetic appearance of a product.
How long does design right protection last?
Registered designs last up to 25 years in the EU and UK (subject to renewal every 5 years) or 15 years in the US. Unregistered EU Community designs last 3 years from first disclosure. UK unregistered design rights last 10-15 years from creation, with licences of right available in the last 5 years.
Can I protect a website or app design?
Yes. Graphical user interfaces, icons, and screen layouts can be protected as registered designs in many jurisdictions. The EU and UK explicitly include computer-generated designs, and the US allows design patents for GUI elements. However, the design must be novel and have individual character.
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