There are two types of protection for a design:
1. Design Right - this right is similar to copyright and occurs automatically. It protects internal and external features but only against the deliberate copying of the shape and configuration (e.g. physical design of computer chips and architectural drawings). It will last for 10 years following the time the article was first marketed.
2. Registered Design – this right must be formally applied for at a national registration office (UKIPO in the case of the UK) or the Community Designs Office in the case of a Registered Community Design. To obtain a valid registration the article must have the following properties:
- It must be new (i.e. no identical design ever been made available to the public).
- It must have ‘individual character’ (i.e. give an appearance of originality).
- It must not be offensive.
- It must not make unpermitted use of certain protected flags and international emblems (e.g. the Olympic symbol).
Information on design rights from the UK IPO