Unregistered Design protection post Brexit, deal or no deal! A call to action!
Understand the facts and implications of unregistered design protection when the UK leaves the EU, DEAL or NO DEAL!
At the moment, there are basically four (4) types of design right protection available to UK designers
- Registered UK designs – 25 years, pay to register, monopoly right
- Registered Community designs – 25 years, pay to register, monopoly right
- Unregistered Community designs – 3 years, arise automatically
- Unregistered UK designs – up to 15 years, arise automatically
Take a look at this simple example of an Alessi corkscrew to show how 1,2,3 are protected and the protection offered by Unregistered UK design (4).
1,2,3 protect contours, lines, materials, shape, ornamentation, texture and colour
4, protects shape and configuration only
- When the UK leaves the EU it will no longer be possible for UK designers, whose designs are first exhibited in the UK, to claim the EU design right protection in the other 27 member states of the EU
- This is because in order for the EU right to come into being in the first place, this first publication / exhibiting must have taken place in an EU member state, and of course from 1 April 2019 the UK will not be an EU member state
- This lack of protection could potentially devastate your business as you will not be able to block copies of your designs being made and sold across the EU as you will not be protected
THE MAJORITY OF UK DESIGNERS RELY ON UNREGISTERED EU OR UK DESIGN RIGHT
To date, Government have provided no clarity or certainty. So, for example, if you are a fashion designer and you show your new design at a show on April 1st in the UK and you rely on unregistered design rights, you will only have protection in the UK.
You will not be able to take action in the EU in 27 EU states if someone copies you.
HERE’S WHAT YOU NEED TO DO!
WRITE TO YOUR MP TO MAKE THEM AWARE that it is essential that in the Government’s discussions with the EU this protection is preserved.
DOWNLOAD THE TEMPLATE LETTER AT THE BOTTOM OF THIS PAGE, COMPLETE AND SEND IT TO YOUR MP
SEND A COPY TO firstname.lastname@example.org
COMPLETE A QUICK SURVEY FOR ACID