Many ACID members are still confusing officially registering a design with an Intellectual Property Office and lodging unregistered designs (and copyright works) on the IP Databank, so we thought we would answer some of the frequently asked queries so that there is clarity and no confusion!

• What is the difference between a registered design right and an unregistered design right? An unregistered design right arises automatically, and you don’t pay for it, you pay a fee for registering a design.
• The criteria for an unregistered design (which arises automatically) and a registered design (for which you have to apply?)  are the same – The design must have distinctive character (the overall impression on the informed user must be different) so in other words it has to have a degree of originality, distinctive character and not be “commonplace”, it must be your own work (not copied from anyone), it must not be offensive or include the use of flags. If it meets these criteria it will attract unregistered rights. You can then decide if you wish to register the design with an Intellectual Property Office or just rely on the unregistered rights.
• What does a registered design protect? Lines, colours, contours, shape, texture or material of a product or any part thereof of a design
• What does an unregistered design protect?
  Just shape and configuration at the moment but see a further note about the new Supplementary Design Right being introduced on 1 Jan 2021. On the adjacent example, an Alessi corkscrew, the left image, as a registered design, would have design protection in any or all of the following: contours, lines, materials, shape, ornamentation, texture or colours. On right image, if the design was relying on unregistered design rights, it could only rely on shape and configuration as shown.
• What is a Supplementary Design Right? – As from January 1^st, 2021, the UK will introduce a Supplementary Unregistered Design Right to mirror the protection afforded by registered design right (shown above left), it will last for 3 years for the UK only. *After a long campaign by ACID the text has been included in EU/UK negotiations on design rights includes the recognition that designs shown in the UK, However, this still has to be negotiated.
• How long do these IP rights last for? UK Registered – 25 years (renewable every 5 years), UK Unregistered – Up to 15 years (After 5 years there is a licence of right), UK Supplementary Unregistered (to be introduced 1^st January 2021) – 3 years
•  What are the benefits of a registered design? – It is a monopoly right and you don’t have to prove copying (although it can always be challenged). You basically have a numbered certificate which says you “own” the design. Also, it lasts for a long time so long as it is renewed every 5 years.
• Where can I get a registered design? – You can apply directly to the UK Intellectual Property Office ipo.gov.uk and you can also seek advice from our legal affiliates. Watchpoint – what you submit is what you rely on should any case proceed through the legal process, so it is always advisable to ask for expert help about what to include when you register your designs.
• How much does it cost? 1 Design costs £50, up to 10 costs £70 and there is a sliding scale up to 150 (ACID campaigned to get these prices reduced!)
• What is a Licence of Right if I have an unregistered design? You can allow someone else to use your design by selling or giving them a licence of right. In the final 5 years you must give a licence of right to anybody who asks. You can ask the IPO to help if you can’t reach an agreement on the terms of the licence.
• So, what happens when my rights expire?  Do I still own the design? In a nutshell, No!
• When should I use the IP Databank? This service offers our Members access to a Databank system where Members can lodge documents and images of their 2D or 3D designs if they are relying on unregistered design rights (UDR)/copyright or as an added safeguard for registered designs, underpinned by the strong ACID brand of deterrence.
• What are the benefits of the IP Databank? It facilitates cost effect document management and can be used in all sorts of situations. For example, when prototyping a design, recording each important stage from idea to marketplace, adding to the audit trail as evidence of a design’s evolution and the incremental stages.
• Copyright can’t be registered in the UK; can I send my copyright work to the IP Databank? Yes, Images, artwork, design drawings, basically anything that is protected by copyright.
• What other documents should I consider lodging on the IP Databank? Some designers send copies of responses to tender highlighting that they have done so, thus adding to the deterrent factor. Some send us signed agreements for safe keeping, others send technical specifications or trade secrets.
• If I need to enforce my design rights what is the difference between registered and unregistered design rights? With a registered design you don’t have to prove copying, with an unregistered design right the onus is to prove that you “own” the design which is where a strong audit trail is essential.
• Enforcing your design rights – will be covered in another article. However, litigation doesn’t mean going all the way to a final Court hearing. Often, a strongly worded letter can get a good result, and this is where our Legal Affiliates can help. All members are entitled to initial free advice. Currently, although ACID campaigned for a Small Claims track through the Intellectual Property Enterprise Court, it still only hears unregistered design right cases which doesn’t make sense.
• ACID always recommends that you register your designs officially if you possibly can because it is a stronger right. Using the ACID IP Databank does not add to Unregistered Design Rights (UDR) but provides reliable 3rd party independent evidence of a design or document’s existence on the date of receipt by ACID i.e. an audit trail. Design files are held on our secure system and remain unseen by anyone unless required as evidence to substantiate design ownership.

The majority of the thousands of settlements on behalf of ACID members have been based on unregistered design rights. Enforcement of unregistered design right infringement is only as good as the evidence you can provide to substantiate ownership. Unregistered Design right only protects the shape or configuration of a 3D product* (see above as from Jan 1^st, 2021). The majority of UK (and EU) designers rely on unregistered design rights which is why ACID set up the IP Databank to offer an alternative strand to evidence creating.