Scope of protection
The overall aspect and appearance of the article will be protected.
EU UDR does not protect features of the design that relate to the technical function of the article. However, unlike UK UDR, EU UDR protects two-dimensional aspects of the design including surface decoration.
Novelty requirements
The design has to be:
- new;
- unlike any existing design; and
- possess individual character.
Obtaining an EU UDR
EU UDR is automatic. You do not need to apply to register it and it arises when the article or a design drawing is disclosed within the EU.
Nature of protectionExclusive right against any copying in the EU.
Ownership
EU UDR will generally belong to the person who created the design.
However, if the design is created within the course of employment by an employee, the employer will own the EU UDR.
Commissioners have no proprietary rights in relation to unregistered designs.
Length of the right
3 years from the date the design is made available to the public anywhere in the European Union.
It is not renewable.
Infringement
In infringement actions the burden is on the claimant (the owner of the right) to show that the right exists and that copying has taken place.
It is important to record the creation of designs and/or the first marketing of those designs.