UK Design Right ("Unregistered Designs") (:black_flag:…
UK Design Right ("Unregistered Designs")
or part of
can be microscopic
"visual impression" and "appearance" are not an issue
Dimensions of contact lens
excluded for other reasons
"UDR extends beyond the visually appreciable"
(internal or external) of all
or part of
Some form of arrangement of elements, e.g. hot water bottle ribbing
"the relative arrangement of parts or elements of an article" e.g. components of a medi-kit
Purely functional designs :explode: (contrast with RDA)
If feature's primary purpose is functional, this trumps the surface decoration exclusion
Method or principle of construction
"any modification of the surface...
...additive or subtractive"
Running through the article
"a woven patern"
Can be 2D or 3D
"features of shape or configuration of an object...
upon another article of which the object
forms an integral part
cooperate with another article to perform the object's function
" (must fit)
e.g. spare parts
"points of fixture"
"parts of parts"
Most two-dimensional features
Not considered a "shape" or a "configuration"
Articles coloured in a novel way
Does not exist
until the design has been recorded
(i.e. as a document or object)
A design is not
if it is commonplace
in the relevant field within a qualifying country
Very low threshold
Not a copy and not commonplace
Design right will only subsist in an original design
:black_flag: Qualifying countries
Isle of Man
EU member states
No absolute novelty
Person who creates the design; or
for computer designs, person who makes the arrangements to give rise to the design
The qualifying designer
Designed by employee in course of employment
if employer does
qualify, right does
go to employee
Computer generated designs
The qualifying person making arrangements necessary to give rise to the design
Stays with author (normal situation) until assigned (to a qualifying person)
only qualifying designers get protection
analogous situation for joint employers and joint exclusive first marketers
First marketing in a qualifying country
Qualifying person with exclusive marketing authorisation
be given by the person who would have had the right if they qualified
Must be first to bring to market in a qualifying country
must actually do so in a qualifying country
Example: a qualifying person may be exclusively authorised to market a US designed product within the EU and to actually do so in France, thereby obtaining a UK design right
"Qualifying person" :silhouette:
habitual resident of...
...a qualifying country
business formed and having substantial activity in...
A design right can only be conferred to a
end of the calendar year
in which the design was first
or an article was
according to the design; and
end of the calendar year
in which an article made to the design was
Licence of right
last 5 years
of a design right,
may request a licence as of right
Preferably agreed between parties but can be settled by comptroller
Limits remedies and damages available for infringement in the last five years
Can be taken by infringer to avoid injunctions, delivery up, damages limited to double the retroactive licence fee for the duration of the infringement
copy the design to make articles or design documents without licence from the proprietor
Producing articles exactly or substantially to the design
can be direct or indirect
immaterial whether intervening act constitutes an infringement
Authorising another to...
...without a licence...
...an article they know
or have reason to believe
is an infringing article
Offer for sale or hire
applies to articles sold within the EU with the proprietors consent
Even if a design right has expired, there is a presumption that an article made to the design was made while the design was in force, until proven otherwise (reversal of the BoP)