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Chapter CG68230

Document Cited authorities 5 Cited in Related
Vincent
Published date12 March 2016
Record NumberCG68230

The term “design” is defined in S1 (2) Registered Designs Act 1949 as:

the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.
A registered design provides the owner with a monopoly right to the design or appearance of the whole or part of a product resulting from the features of and in particular the lines, contours, colours, shape, texture and material of the product. The registration of designs thus aims to protect the appearance of a product including its shape and any surface decoration or ornamentation rather than the function of a product.

The current requirements for registration are that a design:

  • must be new - it must not be the same as any design which has already been made available to the public; and
  • must have an individual character - the overall impression it produces on an informed user of the design must differ from the overall impression produced on such a user by any design which has already been made available to the public.Registration gives the owner the exclusive right to make, import, sell or hire an article in respect of which the design is registered. This is a monopolistic right which enables the registered owner to bring proceedings for any breach including an unauthorised drawing or mould that would enable an article to be made which infringes the design. If, however, the registered owner fails to exploit a design, a third party can apply to the Patent Office for a compulsory licence.

Registered designs are assets within the meaning of TCGA92/S21(1).

The main act governing the law on UK registered designs is the Registered Designs Act 1949 which consolidated and expanded earlier legislation. The criteria for registration are still relevant when considering the validity of a pre 1989 registered design. Certain legislative changes since then mean that designs registered after 1 August 1989 must meet new criteria. The Registered Designs Act 1949...

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