Unregistered Design Protection

Unregistered design protection subsists automatically in novel aspects of shape and configuration of three-dimensional designs in the UK and Europe. There is no registration system available for establishing the existence of your unregistered design right and so it is important that you have reliable documentation as evidence of the same.

In the UK, unregistered design right protection subsists for between 10-15 years from the end of the calendar year in which the design was first recorded, depending on when the design was first sold. In Europe, unregistered design right protection subsists for 3 years from the end of the calendar year in which the design was first recorded.

Unregistered design right provides the owner with the exclusive rights in the design and prevents third parties from using or copying the design without permission to do so from the owner of the design. A third party can also infringe unregistered design right by making a design document for the design in question for the purpose of enabling an article to be made.

In the UK, a third party wishing to use an unregistered design is entitled to a licence as of right in the last five years of the term of protection of the design.

If such a licence is taken, this does not result in infringement of the unregistered design right.

Our attorneys can help to advise you as to whether your design might have unregistered design right protection subsisting in the same.

Our Process

We have a tried and tested process that works for our clients

We have an excellent working relationship with Bailey Walsh

Director , UK healthcare company

As is often the case, we need a lot of hand-holding through the legal processes, which Bailey Walsh are more than happy to do.

Director , Toy design and innovation specialists

Investors have complimented the strength of the patent work

Director , Healthcare startup

Contact Us

Discuss your idea with us

If you have any further questions or if you want to speak to a member of our team, please fill out the form and a member of our team will be in touch.