How your unregistered designs are protected

There are rights that protect your unregistered designs and stop others from using them without your permission.

You get protection automatically - you do not have to apply or pay a fee.

You can register your design if you need to protect it for longer, provided it meets the eligibility criteria.

How long you’re protected for

There are different types of unregistered design. How long you’re protected for depends on the type of design.

Shape and configuration

The shape and configuration (how the parts are arranged) of 3-dimensional objects is automatically protected in the UK for whichever ends first of:

  • 10 years after it was first sold
  • 15 years after it was created

This is known as ‘design right’.

You must allow other people to use your design if they ask during the final 5 years of protection. This is known as a ‘licence of right’.

Appearance

The appearance of a product is protected in the UK for 3 years from the date you make your design public.

This is known as ‘supplementary unregistered design right’ (or ‘continuing unregistered community design’ if you made your design public in the UK or the EU before 1 January 2021).

The appearance of a product can be 2-dimensional and 3-dimensional and includes its:

  • shape
  • colours
  • texture
  • materials
  • ornamentation

Protecting a design in the EU

If you make a design public in the EU, it’s protected in the EU for 3 years from the date you make it public.

This is known as ‘unregistered community design right’. It does not protect your design outside the EU.

If you made a design public before 1 January 2021, it will remain protected in the EU until the end of the 3 year period. Your design will be protected whether you first made it public in the EU or the UK.

Read guidance on other ways to protect your intellectual property in the EU.

Prove your design is protected

You’ll need proof of when you created a design if you want to prove your right.

This could be getting signed and dated copies of your design drawings or photos certified and kept by a solicitor or intellectual property attorney.

There are other ways to prove your right. You’ll usually need to get professional legal advice.

Letting others use your design

You can allow other people to use your design by selling or giving them licence of right.

If you have a dispute over a design

The Intellectual Property Office (IPO) can help with some design disputes.

You can pay an intellectual property professional to help you.

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