Kent Solicitors

Question:

I have designed a new unique / bespoke hinge for a potential customer to use on a new electronic cabinet. This customer is now trying to get other sources to manufacture this hinge and cut me out of the business.Do I have any legal rights? Design rights etc...?

Answer:

Unregistered Design Right (“UDR”) protects design features of shape and configuration of the whole or part of an article, provided that the design is not “commonplace” in the design field at the time of its creation.

UDR protects industrial designs and other designs, whether or not these designs appeal to the eye.

UDR is not acquired by registration, but is acquired automatically when a design is created.

In the UK, UDR lasts for 10 years from the year of first marketing.

In the last 5 years, anyone who wants a licence to use the design can have one, on terms set by the UK Intellectual Property Office (UKIPO) if the parties cannot agree terms.

To take action against an infringer of an Unregistered Design Right, it is necessary to satisfy a court that you are the owner of the design, and that the infringer has copied the design or a substantial part of the design (as opposed to having created a similar design independently.

Labels: Copyright intellectual property, Unregistered Design Right