Q&As

Can the disclosure of a design in the UK be used as the basis for unregistered design protection in both the UK and the EU?

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Published by a LexisNexis IP expert
Published on: 18 December 2024
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Produced in partnershep with Neha Tarabadkar, Helene Whelbourn and Amanda McDowall at Lee & Thompson

Following Brexit, there has been uncertainty over whether the disclosure of a design in the UK, but which was accessible within the EU would give rise to Community Unregistered Design rights.

The UK Supplementary Unregistered Design Right (SUD) is a right created in the UK post-Brexit, which sits separately from and supplements the existing UK Unregistered Design Right. The SUD is established automatically when a design is first disclosed in the UK and lasts for three years from the date of disclosure. The right was created to fill the gap between Unregistered Community Design Right (UCD) and the existing UK Unregistered Design Right. UK Unregistered Design Right protects the shape and configuration of articles whereas the SUD protects the 2D and 3D appearance of whole or part of a product, including its shape, colour, texture and ornamentation etc. The two unregistered

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Jurisdiction(s):
United Kingdom

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