Design protection in the UK

In today's era where design innovation and technology are closely integrated, design protection is particularly complex and important in the UK. Especially after Brexit, the UK has added "supplementary unregistered design" protection to fill the gap left by the loss of EU unregistered design protection. So with such a variety of choices, how can designers effectively protect their works?

Design protection in the UK is relatively complex. Inventors/designers can choose between registered designs, unregistered designs, and the new supplementary unregistered designs added after Brexit. Registered designs and supplementary unregistered designs are similar in that they protect the appearance of three-dimensional and two-dimensional products that are novel and unique. Registered design protection can last for 25 years, while unregistered protection is automatically generated upon disclosure and only lasts for three years. Registered design protection is cost-effective and easy to obtain, and can protect designs that are independently created but do not produce a different overall impression. Unregistered designs, which are only protected for three years, are particularly suitable in industries with rapid product changes, such as fashion. The UK's unique unregistered design protection focuses on preventing the three-dimensional appearance of non-ordinary functional items from being imitated, with a maximum protection period of 15 years.

For the protection of designs in the UK, inventors/designers need to weigh the different types of protection. Registered designs are ideal for long-term protection of the appearance of 3D and 2D designs, providing protection for up to 25 years. For industries that need to respond quickly to market changes, the automatic protection brought by unregistered designs is equally important. Although the protection period is only three years, it is extremely convenient and quick to obtain. In addition, for unique designs that tend to be functional, the UK's unregistered design scheme is a good choice to prevent them from being imitated.

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