Design Rights - a Potential Goldmine?

A design right is not only a potentially very valuable business asset which is often overlooked but also the range of products to which design rights apply are also often underestimated.

Many items which may not be described as having been “designed” in the aesthetic sense, can qualify as design rights and attract protection.  A product does not have to look pleasing to the eye to attract protection.  design law defines design as the design of any aspect of the shape or configuration whether internal or external of the whole or part of an article.  This has a wide ranging application and will apply to the design of almost any new product sold which looks different to products that have gone before.  Although there are some exceptions which limit the application of design law to some products, if design right protection does apply then you will have the right to stop competitors from copying such a design.  This could be very valuable.

There are two types of design right which arise automatically in the without the need for any registration.  One comes from the EC and lasts for 3 years.  It is often used by some of the more classic design industries such as fashion as they may not need longer periods of protection provided by other similar rights.  To qualify for this automatic protection, two basic criteria must be fulfilled – the design must be new and have individual character.

A UK design right can also arise automatically if a relevant design has not been copied and is not commonplace in the design field in question at the time of its creation.  This right can last for 15 years.

Designs can also be registered and thereby qualify for even wider protection for up to 25 years, giving the holder of the registration a true monopoly right over that design.

Wright Hassall has dealt with a range of products attracting design rights including light fittings, street furniture, clothes, a tool to construct motorway embankments, vehicles and conservatory finials.