Designs Index
In everyday language the word "design" is synonymous with "plan" or
"arrangement". It is used in architecture, engineering, fashion, information
technology, product development and, increasingly, in the provision of
services. Thus we speak of the design of an aircraft, building, computer
program, dress, engine, form, handbag, landscape, project, website or
even public service.
In the UK, the legal meaning is very much narrower, A "design" may refer
either to the appearance of a product as perceived by the eye or, possibly,
touch or even one of the other five senses and the shape or
configuration of an article. The law confers a monopoly on
new designs that
have individual character through registration either for the UK alone as
"registered designs" or for the whole of the EU as "registered Community
designs". There is also short term EU wide protection from copying of new
designs having individual character which could be registered as registered
Community designs. Such designs are known as "unregistered Community
designs". The shape or configuration of an article or part of an article is
protected automatically from copying in the UK by "unregistered design
right" for up to 15 years from creation or 10 years from the date articles
made to the design were first marketed. Unregistered design right protection
does not extend to surface decoration. Fabric and wall paper designs
continue to be protected indirectly by copyright in the artwork for the
design.
All other countries in the EU provide similar protection for new design
having individual character. Many Commonwealth common law countries protect
designs that appeal to the eye through a system of design registration
modelled on the law of the UK as it existed before harmonization of the
design laws of the EU member states in 2001. The USA protects ornamental
features of functional items through a type of patent known as "a design
patent". However, very few countries, if any, provide anything comparable to
British unregistered design right protection. Most countries protect aspects
of shape or configuration of articles through utility models. These have
some of the aspects of a patent but are easier and cheaper to obtain and
last for a shorter period. Something close to utility model protection
existed in the UK until the 1930s when it was possible to register
functional designs. Reviving utility models has been considered from time to
time but there is very little public support for the idea.
Design registration has become increasingly important to
branding since it 2001
when it became possible to protect logos, graphics and distinctive features
of a product's appearance or its packaging through design registration. But
unregistered design right and to a lesser extent registered designs are also
a way of protecting new technologies."
