Unregistered Design Right (UK)

The UK's Unregistered Design Right, which was introduced under the Copyright, Designs and Patents Act 1988 and intended to substantially replace Design Copyright (see below), can provide protection for an original (i.e. original in the sense of being a designer's own work and not "commonplace", rather than necessarily being "new") shape/configuration (internal or external) of the whole or part of an article (a physical entity) in the United Kingdom for up to 15 years from the end of the year the design is first recorded in design documents (subject to a maximum of 10 years from first marketing). It is important to keep complete records of the design process, and the relevant dates.

Ownership of an Unregistered Design Right normally belongs to the Designer (or if employed, to the Employer) unless made in the course of a commission, when the Commissioner will be the owner. There is an exception if the design is not made in the UK but is first marketed in the UK when the right will belong to the marketeer. This ownership regime is very different from that which applies to artistic copyright, and it is important to be aware of the difference.

Advantages: Subsists automatically. Applies to functional as well as aesthetic designs (subject to so-called "must-fit" and "must-match" exceptions).

Disadvantages: Limited applicability; effective only against actual copiers; can be difficult to prove existence, ownership and/or infringement, e.g. if records are incomplete; no corresponding protection outside UK.

Costs: Low (professional advice may be required on record-keeping & design contract).

Marking: DR (Owner's name) (Year of first publication)