How are supplementary unregistered designs established and what strategic issues do they raise for designers operating in the UK and the EU?

The Establishment of supplementary unregistered designs

The unregistered Community design (UCD) right is an automatic right for designs Disclosed in the EU, giving the owner the right to prevent Copying. It protects whole or part of a product and the protected design may arise from the product’s lines, contours, colours, shape, texture, material or ornamentation, subject to the design being novel and possessing Individual character. When the UK left the EU, there was a potential hole or loss of rights, because the UK unregistered ‘design right’ only protects the shape and configuration of a product (or its parts). For more information about the similarities and differences between the rights, see Practice Note: Comparison tables for design protection available in the UK.

The UK government therefore introduced the ‘continuing unregistered design’ (which is outside the scope of this Q&A) and the ‘supplementary unregistered design’ (SUD). The Designs and International Trade Marks (Amendment etc)