chapter  13
67 Pages

Design Rights

Introduction 471

13.1 Design 471

13.2 Copyright and Design 475

13.3 UK Registered Design Right 480

13.4 The Old Law 483

13.5 The New Law 491

13.6 UK Unregistered Design Right 509

13.7 Community Designs 525

13.8 Registered Community Design 529

13.9 Unregistered Community Design Right 533

13.10 Design Rights and Competition Law 535

There is a marked difference between the inventive, functional products and processes which fall into the sphere of patents on the one hand, and creative, artistic copyright works on the other. However, many products which are neither inventive nor constitute copyright works are marketed with features that have an artistic, aesthetic or functional value. Considerable effort and investment is poured into the design of those features which provide a competitive edge in the marketplace. It is these features, either of the appearance or arrangement of a commercially exploited article, which are the subject of design rights.