Design Right

Artistic works are automatically protected by copyright and the duration of this copyright can be relatively long compared to that provided by registered rights. A design, shown in two dimensions, is protected by copyright. However, copyright does not extend to three dimensional designs.

A degree of non-registered protection may be available for three dimensional designs which is significantly shorter than copyright and is referred to as Design Right, or Unregistered Design Right. To enforce such a right, like copyright, it is necessary to show that actual copying has taken place. Such a restriction does not apply for Registered Designs.

For important designs, Design Registration is recommended. This also provides confirmation of registration in the public record and assists with portfolio building.

When relying on Copyright and Design Right, the material should be stored in a safe place. Consider hard copy which can clearly identify the author/designer and the date of creation. For works created by external suppliers, the legal rights should be formally assigned.

Traditionally, the “Intellectual Property” is your creation and some of this will have real commercial value, even when not protected by registered rights. An orderly filing system – sometimes referred to as a “data room” when in machine-readable form, can save a great deal of time and heartache when unauthorized copying is identified.