Tài liệu Designs: How to Protect your Design ppt

This leaflet provides basic information
on some areas of design protection.
Designs:
How to Protect your Design
Intellectual Property Ofce is an operating name of the Patent Ofce
All information contained in this document was correct at the time of going to print, and is available in
alternative formats on request. For further information please visit our website at:- www.ipo.gov.uk or
contact us on:- 0300 300 2000
This booklet provides basic information on some
areas of Designs. It is not a reference book and
has no legal authority
1
What is the difference between Design Right and a
Registered Design?
Designs: How to Protect your Design
What is a Design?
Registered Design:
A Registered Design gives you total rights of ownership over the appearance of
a product or just part of a product. A Registered Design can last up to 25 years
providing you pay your renewal fees every ve years. Unlike the Design Right a
Registered Design will allow you to protect both 3D and 2D features of a design.
If you wish to protect a pattern that you intend to apply to wallpaper or textiles for
example a Registered Design would be appropriate.
A Registered Design can be sold or licensed. Additionally it may be easier to stop
people from copying your design as the mere existence of the registration alone
can act as a deterrent. If you feel your Registered Design is infringed you may
challenge and the onus will be on the third party to prove they have not infringed
your rights.
To benet from Registered Design rights you will need to make an application to
the Intellectual Property Ofce.
A design protects the visual appearance of a product

or part of a product. A number of factors can affect
the appearance of a product including shape and
contour, conguration, textures, materials and colour.
In the UK there are two ways of protecting your
design. You can either rely on Design Right or you
can apply for a Registered Design.
2
Design Right
(Unregistered Design):
A Design Right is an automatic right, (i.e. you do not have to apply to protect
it). Design Right protects the shape and conguration of an item alone,
therefore only 3D items are covered. You cannot rely on Design Rights for 2D
features such as a pattern. A Design Right is an intellectual property right like
any other and you are entitled to sell it or license it.
Design Right lasts either for 10 years after you have rst marketed the item, or
15 years from creation of the item, whichever is the earliest. For the last ve
years of this period a Design Right is subject to a License of Right. This means
that anyone is entitled to a licence to reproduce your design. They will however
have to come to an agreement with you over what costs will be payable for
this.
If you are relying on Design Right then it would be advisable for you to keep
a note of when the design was rst recorded in material form or when articles
made to the design were rst made available for sale or hire or otherwise
disclosed to the public. This is recommended because if you believe that
someone is infringing your rights you will have to prove the existence of those
rights. Infringement cases will be heard by the courts. However the Intellectual
Property Ofce will hear some cases regarding the subsistence of Design
Right, (i.e. where there are disputes over payments under a License of Right).
When taking action against infringement of a Design Right the onus is on you
as the owner to prove that your design has been deliberately copied.

Designs: How to Protect your Design
3
Designs: How to Protect your Design
Registered Design Design Right
(Unregistered Design)
Application to be made to IPO Automatic right
Lasts for up to 25 years Lasts between 10-15 years
Onus on other party to prove they
have not infringed your rights
Onus on you to prove intentional
copying.
You obtain a grant certicate from the
IPO evidencing your rights
You have to show evidence of the
existence of your rights
Rights are exclusive to you and
licenses would need to be authorised
by you
License of Right automatically granted
to other parties in the last ve years
Published in our Designs Journal and
on our Register
Not stored in any register
Novelty
Your design should not be the same as any design which has already been made
publically available. Your Registered Design could be challenged if someone
feels it is not new. We therefore advise that you search our register, available
on our website, prior to making an application. If you prefer we can do this for
you if you le a form DF21 and fee of £25. We will conduct a search for identical
designs registered in the UK alone. We do not search for unregistered designs

or designs registered outside of the UK. Please note that we do not conduct a
novelty search when you le an application. This service is only provided if you
request it by ling the DF21 and fee.
Considerations you should make before applying to register a
Design
4
Designs: How to Protect your Design
Reasons for refusing an application
Your application will undergo an examination once it has been led. We will
check to see that it complies with our requirements and if not we will raise an
objection. There are a number of reasons for objecting to an application:
- If the design is dictated by how a product works, (i.e. the design has to be
this shape/size etc else it would not work).
- Offensive designs are not allowed.
- If a design contains a protected ag or emblem, such as the Red Cross or
an Olympic symbol.
- If the design is merely a concept or an idea, (i.e. an item that includes a
variable element such as an interchangeable logo).
- If your drawings are not presented in an acceptable manner.
Deferring Publication
You can choose to defer the publication of your application for up to 12 months
from the date of ling. This allows you to secure a ling date whilst also giving
you more time to market your product or to apply for a patent before publically
disclosing your design on our website. The initial fees for a deferred application
are less. However you will be required to le a form DF2C and a further fee
within 12 months in order that your design becomes published else your
application will be lost.
More than one Design
If you wish to protect more than one design, or you have a number of variants
of the same design which you would like to protect, you could benet from a

reduction in fees by ling a “multiple application”. This means that you le more
than one design under the same application form.
5
How to Apply to Register a Design: Application Form
The application form you will require is a DF2A and is available via our website.
The form is easy to ll in. The most important information you should provide is
as follows:
Designs: How to Protect your Design
Page 1
Box 2 – Please inform us how many
designs you are applying to protect.
Box 3 – You must provide us
with the full name and address
of the applicant. This may be an
individual or a company. If the
applicant is a company you should
inform us where this company was
incorporated.
Box 4 – If you have an agent
or an alternative address for
correspondence purposes you
should provide details in this box.
Box 6 – Please ensure you sign
the form, your application cannot
proceed if you do not.
Box 7 – Please provide a contact
name and telephone number, many
queries can be quickly cleared up if
we are able to telephone you.
Page 2

Box B – You should tell us what your
design is, for example, "watch" or
"pen". If appropriate you should also
inform us what you intend to apply
your design to. If you have a logo then
you would state “logo for stationery”.
You are not bound by the statement
in this box and are able to use your
design in other ways. If we feel this
statement is not clear we may amend
it.
Box E – You may provide a brief
description of your product if you wish
but this is not compulsory.
Box F – List any disclaimers you
wish to add. For example you may
wish to disclaim colour or materials.
Alternatively if you are seeking to
protect just a part of a product you
should list this in this box.
Box G – Please inform us whether
you wish for your application to be
published immediately or if you would
prefer for it to be deferred.
Box H – If you have an earlier Design
Registration outside of the UK you can
claim priority from it providing your
application is being made within 6
months of the ling date of that earlier
Design.

6
Designs: How to Protect your Design
Drawings
You must provide us with a single set of representations of your design. As these
representations will be scanned once they are received, it is in your interest
to provide the best quality images possible. Your representations should be
presented in the following way:
- Either line drawings or photographs.
- Should show only the design
to be registered, (photographs
should show the design with no
background detail).
- Should show the design as it
actually looks to the eye.
- Be placed on plain A4 paper.
- Should not include any technical
details such as dimensions.
- If protecting the look of the entire
product you should show all
relevant views, e.g. front, back, both
sides, top and bottom.
- The only text used should be view
designations, (i,e. top view, side
view), or disclaimers, none of which
should obscure the design itself.
- If protecting a pattern ensure that
your representation shows the
entire design including repetition of
that design. You should also state
the following on the representation

page: “Repeating surface pattern”.
- If you intend to protect part of the
product only please circle the area
requiring protection in red and state
the following on the representation
page itself: “Protection is sought for
the area circled in red”.
- Any disclaimers listed at Box F
on the application form to be
placed on the relevant sheet of
representations also. You should
disclaim any elements shown that
are not part of the design.
- Separate sheets should be used for
different designs if ling a multiple
application.
Remember – keep it simple – all we want to see is the design alone.
7
Designs: How to Protect your Design
Forms and Fees Needed to Make an Application
All of our forms are available via our website at www.ipo.gov.uk
The main forms that you will use in relation to making your application are as
follows:
Remember – keep it simple – all we want to see is the design alone.
DF2A – application form for a Registered Design:
Application to be published immediately:
£60 (For a single design or for the rst design in a multiple).
£40 (For each additional design if ling a multiple).
Publication to be deferred:
£40 (For a single design or for the rst design in a multiple).

£20 (For each additional design if ling a multiple).
Additional forms you may need to use:
DF2C
– request to publish an application if publication was initially deferred on
the DF2A - £40 per application.
DF21 – request for us to search the register, (usually submitted prior to you
making an application) - £25. This form is optional, please refer to
"Novelty" on page 3.
8
Do my Design Rights protect me abroad?
A Design Right or Registered Design protects you in the UK only. If you are
intending to trade in other countries you should seek further protection.
If you are interested in gaining rights within Europe you can rely on an
Unregistered Community Design. This is an automatic right which lasts for three
years. Alternatively you could apply for a Registered Community Design which
will provide you with cover through the whole of the EU. For further information
on this you should contact the Ofce for Harmonisation in the Internal Market,
(OHIM). You can visit their website www.oami.europa.eu
If you wish to protect your design in only some of the countries in the EU or in
countries outside of the EU you can make applications to each individual country.
Alternatively you could apply through the Hague System which covers 55
countries or territories. A single application can be made to the World Intellectual
Property Organisation, (WIPO). You can visit their website www.wipo.int
Designs: How to Protect your Design
9
Further Information
This booklet aims to provide you
with brief information on designs.
For further information please refer
to our website www.ipo.gov.uk

For further information you can contact
our Information Centre on 0300 300
2000 where you can expect a friendly,
professional service from our team of
dedicated advisors.
(Calls to 0300 numbers are charged
at your network provider’s standard
national rate).
Our Ofce hours are 09:00 to 17:00
Monday to Friday, excluding Bank
Holidays. Last year we answered 83%
of calls within 20 seconds.
Or email us at

We will respond to your email within
one working day.
Designs: How to Protect your Design
For legal advice you can
contact:
The Chartered Institute of Patent
Attorneys
www.cipa.org.uk
0207 405 9450
The Institute of Trade Mark
Attorneys
www.itma.org.uk
020 7101 6090
10
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11
Other Publications
Patents
1. Patents: Essential Reading
2. Patents: Application Guide
3. Patents: Basic Facts
Designs
4. How to Apply to Register a Design
5. How to Protect your Design
Copyright
6. Copyright: Essential Reading
7. Copyright: Basic Facts
Trade Marks
8. Trade Marks: Quick Facts
Additional
9. Non Disclosure Agreements
10. Licensing Intellectual Property
11. Agreeing a Price for Intellectual
Property Rights
12. Choosing the Right IP Adviser
Name:
Address:

Phone number:
Fax number:
E-mail:
Any other comments you may wish to add:
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www.ipo.gov.uk or by phoning our Information Centre on 0300 300 2000
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Published: May 12
DPS/MWL-09-12