Design rights play a crucial role in protecting the appearance of your products, but misconceptions about them abound. To help you navigate this essential area of intellectual property (IP), we’re debunking ten common myths about design rights and offering practical advice for designers.

Myth 1: “All designs need to be registered”

Fact: In the UK, you get automatic protection against copying through unregistered design rights for either the original shape and configuration of your designs alone or any aspect of your designs which make them novel, including surface decoration, texture and materials. However, registered design rights provide stronger and more comprehensive protection for novel designs because you don’t need to prove copying to enforce them.  Certain original designs are also protected automatically by copyright, such as sculptures. 

Tip: Registering your design gives you exclusive rights for up to 25 years

How ACID helps: ACID provides guidance on the registration process, helping you secure robust protection for your designs. Members also gain access to the ACID IP Databank to store an evidential audit trail of their work safely.

Myth 2: “Unregistered Design Rights Are Just as Strong as Registered Ones”

Fact: While unregistered design rights provide some protection, they are limited in scope and duration. Unregistered rights in the UK last between 3 and 15 years, but require you to prove when and by whom the design was created, which can be challenging.  They also provide protection only against copying. 

Tip: Registering your design means you don’t need to provide evidence of a design audit trail to pursue an infringement and you don’t need to worry about proving copying, offering a significant advantage over unregistered rights if infringement occurs. In the UK there is also Supplementary Unregistered Design Right which covers the appearance and gives you the same protection as a registered design but for a short-term period of 3 years from making a design public.

How ACID helps: By joining ACID, you can access expert advice to ensure your rights are fully documented and enforceable. The ACID logo also acts as a visible deterrent to potential infringers. Members also gain access to the ACID IP Databank to store an evidential audit trail of their work safely.

Myth 3: “Design Rights Protect Ideas”

Fact: Design rights do not protect ideas or concepts – they protect the physical appearance of a design, including its shape, configuration and surface decoration. If your idea isn’t transformed into a tangible form, it’s not covered by design rights.

Example: Sketches of a new jewellery piece can be protected, but the initial idea behind it cannot.

How ACID helps: ACID membership includes tools like the IP Databank to securely store designs, ensuring proof of creation and ownership in case of disputes.

Myth 4: “Once My Design Is Registered, I’m Protected Worldwide”

Fact: Design rights are territorial. A UK registered design only offers protection in the UK. For international protection, you need to apply for registration in other countries or through systems like the Hague Agreement.

Tip: Consider registering in key markets where your designs are likely to be sold or copied.

How ACID helps: ACID’s team can guide you on extending your protection internationally, ensuring your designs are safeguarded in crucial markets.

Myth 5: “I Can’t Register a Design If It’s Already in Use”

Fact: You can register a design up to 12 months after it has been disclosed publicly. This grace period allows designers to test the market before committing to registration.

Tip: Don’t delay too long – once the 12-month period is up, registration is no longer an option.

How ACID helps: As an ACID member, you can access our legal affiliates to seek guidance on whether your design can or should be registered.

Myth 6: “If I Change a Few Details of Someone else’s Design, It’s Not Infringement”

Fact: Where a product is substantially  similar to another or gives a similar overall impression to an informed user, it may infringe, even if there are minor alterations.

Example: Copying the distinctive shape of a chair but altering the colour doesn’t exempt you from infringement claims.

How ACID helps: ACID’s legal affiliates can assist members in identifying and addressing infringements effectively, ensuring your rights are upheld.

Myth 7: “Registered Designs Are Only for Big Brands”

Fact: Registered design rights are accessible and valuable for businesses of all sizes. Protecting your designs enhances your competitive edge and deters potential copycats.

Tip: Small businesses and independent designers can benefit greatly from the added security registered designs provide.

How ACID helps: ACID membership is tailored to support businesses of all sizes, providing affordable solutions to protect and promote your creativity.

Myth 8: “Design Rights Only Cover Physical Products”

Fact: Design rights can protect both physical and digital designs, including graphic user interfaces (GUIs) and patterns.

Example: A designer’s unique app interface can be protected under either unregistered or registered design rights as well as copyright.

How ACID helps: ACID’s network offers advice on protecting non-traditional designs, ensuring you’re covered across all mediums.

Myth 9: “Registering a Design Is Expensive and Complicated”

Fact: Registering a design in the UK is relatively straightforward and affordable, with fees starting at just £50 for one design. The process is designed to be accessible for everyone, including independent designers.  However, to obtain the most value from registering your designs, it’s important to think carefully about what the design is which you want to register.

Tip: ACID provides guidance on the registration process, helping you secure robust protection for your designs.  As an ACID member, you can access our legal affiliates to seek guidance on whether your design can or should be registered. .

Myth 10: “I Don’t Need to Take Action Against Copying”

Myth: Enforcing your design rights is crucial to maintaining their value. If you don’t take action against infringement, you risk losing market share and weakening your brand.

How ACID helps: ACID membership provides resources, legal support, and tools like the ACID IP Databank to help you protect and enforce your design rights effectively and ACID members can access ACID Legal Affiliates for initial advice on a suspected design infringement.

Key Takeaways for Designers

• Be proactive: Register your designs for stronger, longer-lasting protection.
• Know the difference: Understand the limitations of unregistered design rights and the benefits of registering your work.
• Seek expert support: ACID can help you navigate design rights and act against infringement.

Ready to protect your designs? Join ACID today to access expert IP advice, the ACID IP Databank, and a supportive community of designers committed to safeguarding their creativity.