Design rights protect the visual appearance of a product - its shape, configuration, pattern, or ornamentation - rather than its functional features. From consumer goods and fashion to industrial components and digital interfaces, design protection ensures that the creative investment behind distinctive product design is recognised and safeguarded.
Designs are often the first thing customers notice, forming an integral part of brand identity and market differentiation. Effective design protection allows businesses to secure exclusivity, deter imitation, and leverage design assets for commercial gain.
Legal and Commercial Framework
In the UK, design protection can arise under registered and unregistered rights. Registered designs are governed by the Registered Designs Act 1949, while unregistered design rights are protected under the Copyright, Designs and Patents Act 1988 (CDPA).
A registered design protects the appearance of the whole or part of a product for up to 25 years (subject to renewals every five years) and offers stronger enforcement options. An unregistered design right, by contrast, arises automatically and provides protection for a shorter period, generally 10 - 15 years, but without the formality of registration.
At the European level, designs can also be protected under the Community Design Regulation, providing either Registered Community Designs (RCDs) or Unregistered Community Designs (UCDs) for businesses operating across EU markets.
Typical Issues and Considerations
Common disputes arise where competitors reproduce or closely imitate a product’s design, packaging, or overall appearance. In fast-moving sectors such as consumer electronics, automotive, and fashion, timing and strategy are critical to securing protection and acting swiftly against infringement.
Design protection also plays a role in due diligence, mergers, and licensing - where the ownership and value of design assets can influence commercial negotiations. Businesses must also manage overlaps between design rights, trade marks, and copyright to ensure comprehensive protection.
How We Can Help
Culbert Ellis provides end-to-end support for the protection, enforcement, and commercial use of design rights, including:
- Advising on registrability and filing strategies for UK and international design protection.
- Enforcement and defence in design infringement claims and counterfeit goods disputes.
- Portfolio management, including renewals, recordals, and commercial exploitation.
- Advising on overlap and co-existence with trade marks and copyright.
- Negotiating licences, assignments, and settlement agreements relating to design rights.
Our multidisciplinary team combines legal precision with an understanding of commercial and creative value, ensuring that your designs remain exclusive and strategically protected.
Free Initial Discussion
If you require advice or representation regarding design protection or infringement, contact us for a confidential discussion with one of our intellectual property specialists.
Design rights protect the visual appearance of a product - its shape, configuration, pattern, or ornamentation - rather than its functional features. From consumer goods and fashion to industrial components and digital interfaces, design protection ensures that the creative investment behind distinctive product design is recognised and safeguarded.
Designs are often the first thing customers notice, forming an integral part of brand identity and market differentiation. Effective design protection allows businesses to secure exclusivity, deter imitation, and leverage design assets for commercial gain.
Legal and Commercial Framework
In the UK, design protection can arise under registered and unregistered rights. Registered designs are governed by the Registered Designs Act 1949, while unregistered design rights are protected under the Copyright, Designs and Patents Act 1988 (CDPA).
A registered design protects the appearance of the whole or part of a product for up to 25 years (subject to renewals every five years) and offers stronger enforcement options. An unregistered design right, by contrast, arises automatically and provides protection for a shorter period, generally 10 - 15 years, but without the formality of registration.
At the European level, designs can also be protected under the Community Design Regulation, providing either Registered Community Designs (RCDs) or Unregistered Community Designs (UCDs) for businesses operating across EU markets.
Typical Issues and Considerations
Common disputes arise where competitors reproduce or closely imitate a product’s design, packaging, or overall appearance. In fast-moving sectors such as consumer electronics, automotive, and fashion, timing and strategy are critical to securing protection and acting swiftly against infringement.
Design protection also plays a role in due diligence, mergers, and licensing - where the ownership and value of design assets can influence commercial negotiations. Businesses must also manage overlaps between design rights, trade marks, and copyright to ensure comprehensive protection.
How We Can Help
Culbert Ellis provides end-to-end support for the protection, enforcement, and commercial use of design rights, including:
- Advising on registrability and filing strategies for UK and international design protection.
- Enforcement and defence in design infringement claims and counterfeit goods disputes.
- Portfolio management, including renewals, recordals, and commercial exploitation.
- Advising on overlap and co-existence with trade marks and copyright.
- Negotiating licences, assignments, and settlement agreements relating to design rights.
Our multidisciplinary team combines legal precision with an understanding of commercial and creative value, ensuring that your designs remain exclusive and strategically protected.
Free Initial Discussion
If you require advice or representation regarding design protection or infringement, contact us for a confidential discussion with one of our intellectual property specialists.
