Unregistered Community Designs

An unregistered design for the shape, colours, lines, texture, graphic symbols, surface ornamentation applies automatically when the design is made available to the public in the EU - registration is not required - and lasts for 3 years.

A written record should be kept of the design to aid enforcement.

The right applies to designs after 6th March 2002 (designs originating before then may claim copyright).

Protection gives an exclusive right against copying, which does not produce a different overall impression on an informed user. Only direct copies and designs that are substantially the same are protected, not similar designs.

The design must be original, not copied from an existing design and differ from prior designs by more than immaterial details.

As well as being novel, a design must produce a different overall impression from other designs on a consumer.

A design cannot contain protected emblems like flags, or other parties’ trade marks or copyright material.