Registered and Unregistered design rights in the UK and the EU
There are 2 types of design rights in the UK – registered and unregistered design rights. The table below shows the variations between these 2 rights and the differences in protection.
A registered design right gives you a monopoly over the design, whereas an unregistered right only gives you the ability to prevent others from copying your design. This means that the scope of protection of an unregistered design right is lower than than that of a registered design.
You will have certain automatic rights in any new design you create. Use the table below to decide whether you should consider registering your design.
| Registered design | Unregistered design | |
|---|---|---|
| How do I get protection? | You need to register your design with us | Automatic, but deposit your work with us for £29 per design |
| Length of protection | 25 years protection from filing date of application provided. | 15 years, or, if product put on the market, 10 years - whichever the sooner |
| Type of protection | Monopoly protection | Exclusive right against copying |
| Renewable? | Yes, every 5 years up to the maximum of 25 | No - but you can renew your deposit with us up to the statutory maximum |
| What does it protect? | The overall appearance of the design, excluding features dictated by technical function | Only 3D aspects of design, excluding surface ornamentation. Protects both functional and aesthetic aspects of design |
| Originality | Must be new (ie, not identical to existing designs) and have individual character | Must be original (ie, not copied from an existing design), and not commonplace |
| How much does it cost? | £259 for 5 years in the UK £595 for 5 years in the EU | £29 for 5 years |
| How easy is it to enforce? | No need to prove design was directly copied in order to enforce rights | Must prove design was directly copied in order to enforce rights, and keep records proving date of creation |
| Can I sell it? | Yes | Yes |
| Does it give me protection abroad? | You can extend your United Kingdom protection to certain countries, mostly members of the Commonwealth | Reciprocal protection is only available in a limited number of territories |
| Order UK Order EU | Order |
