UK Law and Practice Contributed by: Paolo Palmigiano, Rachael Roberts, Helen Farr, Debbie Heywood and Louise Popple, Taylor Wessing LLP
To be protected, a design must be new and have individual character, and not be dictated by the technical function of the product. A design registration lasts for a maximum of 25 years and must be renewed every five years (on payment of a fee). Unregistered design protec - tion subsists for three years from first disclosure. Registered protection is much stronger (in par - ticular, unregistered designs are only infringed when copied). If registration is required, an appli - cation must be filed within 12 months of first disclosure of the design, otherwise the design will be deemed not new. Registered protection can be obtained by fil - ing an application with (i) the UK IP Office or (ii) WIPO for an international design designating the UK. The latter can be cheaper and administra - tively easier if applications for the same design(s) are being filed in numerous jurisdictions. There is very little examination of design applications, and no opposition procedure. Multiple designs can be filed in the same application to save costs. Since the UK is no longer part of the EU, pan- EU Registered and Unregistered EU Designs no longer cover the UK. However, any such designs in existence on 31 December 2020 continue to be protected in the UK for the life of the right. Designs are enforced through the courts in the UK. Remedies for infringement include compen - sation, an injunction to restrain the infringement, delivery up/destruction of infringing materials, publication of the judgment and legal costs. Interim injunctions can also be obtained. The UK also protects another form of unregis - tered design (called a “design right”). It is similar in scope to the unregistered design, although
there are key differences – for example, a design right does not protect surface decoration. 7.4 Copyright Copyright protects original literary, dramatic, musical and artistic works, as well as other sub - ject matter (such as sound recordings, films and broadcasts). It therefore protects original draw - ings, graphics, software code, literature and databases. Copyright generally lasts for the life of the author plus 70 years. Different rules apply to computer-generated works, films, sound recordings, broadcasts and non-UK works/ authors. It is not possible to register copyright in the UK. Protection arises automatically once a work is recorded, in writing or otherwise (irre - spective of whether it is recorded by or with the permission of the author). The general rule is that the author of a literary, dramatic, musical or artistic work is automati - cally the first owner of copyright in it. However, where such a work is made by an employee in the course of their employment, their employer is the first owner of copyright. Ensuring that any works created by independent contractors, out - side consultants and design agencies are auto - matically transferred to a business is key. Copyright is enforced through the UK courts. Remedies for infringement include compensa - tion, an injunction to restrain the infringement, delivery up/destruction of infringing materials, publication of the judgment and legal costs. Interim injunctions can also be obtained. Copyright can be infringed in a number of ways, including by copying the whole or a substantial part of a work in which copyright subsists (with a substantial part being assessed qualitatively rather than quantitatively). Using even very small
872 CHAMBERS.COM
Powered by FlippingBook