WIsH - Welsh Innovations in Healthcare
Unregistered Design Right
Unregistered Design Rights are not directly associated with appearance. The right can protect internal and external features but only gives protection against copying of features of shape and configuration (e.g. physical design of computer chips, engineering components and architectural drawings).
Design Right is not a monopoly right. It does, however, protect against deliberate copying and lasts for 10 years from first marketing, up to a limit of 15 years from the design's creation. Design Right is exclusive for the first 5 years after marketing; for the final five years anyone may obtain a licence to use the design subject to payment of royalties (Licence of Right). Design Right may exist in addition to other forms of protection such as Patent, Copyright or Registered Design.
Unlike Design Registration, Design Right is not applied for. Where a new design is created in the UK or Europe, any drawings, data files or prototypes should be signed and dated by the author. The original drawings and prototypes should be kept in a safe place. While design right can be relied upon in the United Kingdom, similar protection is not usually available in foreign countries and where foreign protection is sought, filing a Registered Design application is strongly recommended.