Protecting designs and intellectual property

What is intellectual property?

Ideas and creations such as original designs, inventions, artwork and brand identities

What is unregistered design rights?

This is an automatic and free legal protection for original 3D shapes and configurations of products. It generally lasts 15 years from creation or 10 years from initial marketing/ first sold.

Fashion example: An original 3D handbag shape, where the bag has a distinctive structure or configuration.

Doesn’t include any specific features and visual characteristics

What is design protection?

Registered design protection legally protects the visual appearance of a product, including its shape, colour, pattern and decoration. The design must be new and meet registration requirements.

Protection last up to 25 years, with registration renewal every five years.

What is copyright?

Automatically protects original creative work without requiring registration or payment. It generally last 70 years after the creators death.

The © symbol indicates copyright ownership but does not create copyright.

What is a patent

A legal protection for a new invention, preventing others from making, using or selling it without permission. The invention must be new, involve an inventive step and be capable of industrial application.

Applying is expensive+ complex (make take up to several years)

May last up to 20 years, provided renewal fees are paid

Example: A new technical mechanism used in an innovative clothing fastening.

What is a trademark?

A distinctive sign used to identify and distinguish a brand, product or organisation from competitors

May include brand names, logos and symbols

Registered trademarks last for ten years years at a time and can be renewed indefinitely

Example: Nike’s Swoosh logo or the Burberry brand name.

Difference between the TM and R?

Tm indicates that a business is claiming a word, name or symbol as a trademark and has protection under common law but doesn’t necessarily mean it’s registered

R indicates that the trademark has been officially registered and has legal protection

What is trademark infringement?

Occurs when someone uses an identical or confusingly similar registered trademark without permissions- may damage brand identity/ prestige.

Example: Burberry has faced issues with counterfeit products copying its distinctive check pattern and equestrian knight logo.

What makes a successful logo?

A successful logo should be distinctive, memorable and easily recognisable. Its colour, shape, typography and symbols help establish a consistent visual identity. Logos appear on products, packaging, advertising and promotional materials.

Example: Vivienne Westwood developed her iconic Orb logo during the 1980s. It helped identify her products, promote her business and reinforce the brand’s image over many years.

Which types of intellectual property protection are automatic and which require registration?

• Copyright – automatic and free.

• Unregistered design right – automatic and free, if eligible.

• Registered design – application and fee required.

• Patent – application and fee required.

What is the order of intellectual property protection from less formal to more formal?

• Copyright – automatic protection.

• Unregistered design right – automatic protection.

• Registered design – formal registration.

• Registered trademark – formal registration.

• Patent – formal technical examination and registration.

What is a licence in intellectual property?

A licence is permission granted by the intellectual property owner allowing another person or business to use their protected work under agreed conditions. The owner can charge a fee or royalty.

Example: A clothing manufacturer pays a designer to use their textile print on a collection.