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Aspects of Design - How Each is Protected

Generally, design protection covers the outward appearance of a product as opposed to its function. However, the law is a little more complex in that different aspects of design benefit from different forms of protection.

If the design of your product is new and has individual character (meaning that it gives an informed user a different overall impression from earlier designs), it is likely to be protectable by way of a registered design. Such protection includes icons, typefaces and other aspects of the appearance of software on screen. It does not extend to spare parts, components or parts whose design is determined by the shape of the whole into which it is intended to fit. A registered design gives you the exclusive right in the UK to make, import, sell or hire any product to which the design has been applied, to licence others to do so, and to take legal action against those who take these actions without your consent. These rights last for an initial period of five years from registration period, extendable up to 25 years by renewal. 

Whether or not the design is registered, design right protection may also be available for the shape or configuration of your product. However the design must still be original. As with registered design protection, if the design is effectively no more than the shape of a component whose shape is determined by the whole, it is probably unprotectable. Design right protection lasts for fifteen years from making the design or ten years from the marketing of products to that design. A design right allows you to prevent others from producing the design or making products to the design for commercial purposes without your consent. Similar protection is available for semi-conductor chip topography.

Works of sculpture, wall plaques, medals, medallions, printed matter and works of artistic craftsmanship can be protected by a registered design if they are new and have individual character, and may also be protected by copyright .

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