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.
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Alex is a fully qualified UK and European Patent Attorney and a Patent Attorney Litigator. She is a Fellow of The Chartered Institute of Patent Attorneys and is a registered professional representative at the European Patent Office and the Unified Patents Court.
Alex joined Bailey Walsh & Co LLP in 1998 and became a partner of the Firm in 2005. She holds a BA in Natural Sciences and a PhD in Medical Physiology & Biochemical Pathways, both from Cambridge University. Alex has been awarded a number of academic prizes for achievement both at University and in her professional career.
Alex has an excellent grounding in a wide range of scientific disciplines including biochemistry, chemistry, physiology, pharmacology, pathology, genetics, microbiology and cell biology. Although Alex’s academic background has been largely in the field of biotechnology and life sciences, she has gained substantial experience in the technical fields of electrical and mechanical engineering, as well as telecommunications, having drafted and prosecuted patent applications in these sectors for over 25 years. Alex advises on patent, design, trade mark and copyright issues.
Alex has a depth of experience in representing clients at Opposition proceedings at the European Patent Office, and also at the UK Intellectual Property Office (UK IPO). Alex works closely with lawyers in the UK and abroad in both the enforcement and defence of our clients’ patent rights.
Graham is a fully qualified UK and European Patent Attorney and a Patent Attorney Litigator. He is a Fellow of The Chartered Institute of Patent Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
Graham joined Bailey Walsh & Co LLP in 1990 and became a partner of the Firm in 1997. He holds a Masters of Engineering degree from The University of Strathclyde.
Having gained experience in all Intellectual Property matters, Graham deals with patents and provides detailed advice in this field. His work ranges from the prosecution of new patent applications to the provision of specific advice for prosecution strategies in the UK, Europe and across the world, having had extensive experience of patent procedures in the European, United States, Japan, China, Eurasian, and African Regional and International Patent Systems.
Graham represents many clients at Opposition and Appeal Proceedings at the European Patent Office and works closely with lawyers in the UK and abroad in both the enforcement and defence of patents. He is also extensively involved in advising on patent licensing issues, the assessment of the value of third party patent portfolios and the development of strategies to allow clients to generate patent portfolios to develop income streams is also an important area of his expertise.
Phil is a fully qualified UK and European Patent Attorney, as well as a fully qualified UK and European Trade Mark Attorney and Patent Attorney Litigator. He is a Fellow of The Chartered Institute of Patent Attorneys, a Member of The Chartered Institute of Trade Mark Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
Phil joined Bailey Walsh & Co LLP in December 2006, after a year as a Business Science Fellow at the University of Nottingham gaining experience in how to extract value from the University’s expertise and IP portfolio. Phil holds an MSci and PhD in Chemistry, also from the University of Nottingham.
The multidisciplinary nature of Phil’s doctorate, mixing the disciplines of Chemistry and Chemical Engineering, gave him a solid grounding in many areas of technology including asymmetric chemical synthesis, catalysis, enzymatic reactions, high pressure systems supercritical fluids. As a result Phil handles a broad range of technical subject matter in patent drafting and prosecution including artificial intelligence and medical devices.
Alongside Phil’s patent work he manages clients’ trade mark and design portfolios and has represented many national and international clients before the UK Trade Marks Registry and at the European Office, in both prosecution work, opposition and invalidation actions.
David is a fully qualified UK and European Patent Attorney, as well as a fully qualified UK Trade Mark Attorney and Patent Attorney Litigator. He is a fellow of The Chartered Institute of Patent Attorneys, a Member of The Chartered Institute of Trade Mark Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
David entered the profession in 2009, joined Bailey Walsh & Co LLP in early 2012, and became a partner of the firm in January 2020. David holds an MChem (Hons.) degree in Chemistry from Durham University where he gained a very good understanding of all areas of Chemistry. Prior to entering the IP profession, David gained industrial experience in the pharmaceuticals sector working for one of the world’s leading drug development companies. While studying at university, David also gained further academic experience in particle science and engineering working each summer with PhD groups in the engineering department of Leeds University.
David’s patent work covers a broad range of technologies, with a focus predominantly on mechanical and engineering patent matters, drafting patent applications and prosecuting them through to grant, advising and aiding clients with their international filing strategies, and representing clients in opposition and appeal proceedings at the European Patent Office. David’s trade mark qualifications complement his patent work and enable him to provide “full picture” advice to his clients.
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