How to Register Industrial Design in the United Kingdom

In the United Kingdom, there are many fields that are advantageous to be able to develop all kinds of industrial designs. Britain is a global hub of creativity with industries such as fashion, film, music, video games, and design thriving. This creates an environment rich in ideas and talents, fostering innovation in industrial design. He has a long tradition of producing high-end products, with an emphasis on quality and exquisite design. Industries such as automotive, aerospace, furniture, and high-end fashion require investments in industrial design to differentiate themselves and attract customers. With a strong commitment to sustainability, the United Kingdom is investing significantly in renewable energy, green technology and eco-friendly products. This creates a demand for innovative industrial designs that meet energy efficiency standards and minimize environmental impact. In addition to the above areas, government support, a high-quality education system and a network of talented designers also contribute to creating a favorable environment for the development of industrial design in the United Kingdom. Besides the advantages, it is also worth noting a number of challenges such as global competition, high production costs, and rapid changes in consumer tastes. However, with the right investment and a focus on potential sectors, industrial design can still be an important driver for Britain’s economic development. Therefore, more and more individuals and organizations want to register industrial designs in the United Kingdom, Viet An Law Firm would like to guide clients through the article below.

Legal Basis

• Copyright, Designs and Patents Act of 1988 (Chapter 48, updated October 12, 2023)

Definition of industrial design in the United Kingdom

In the United Kingdom, an industrial design is defined as:

“Professional Services creates and develops concepts and specifications that optimize the functionality, value, and appearance of products and systems for the mutual benefit of both users and manufacturers.”

Overall, the above concept covers the main aspects of industrial design in the United Kingdom as follows:

• Focus on mass-produced products: Industrial designs are primarily concerned with products intended for mass production, ensuring they are both functional and aesthetically pleasing.
• Solve problems creatively: Industrial designers use their creativity and technical knowledge to solve problems related to form, function, usability, and manufacturability.
• User-centric approach: Industrial design prioritizes users’ needs and preferences, in order to create products that are intuitive, exciting, and enhance their lives.
• Collaboration: Industrial designers often work as part of a larger team, collaborating with engineers, marketers, and other professionals to bring products to market.
• Intellectual Property Protection: Industrial designs in the United Kingdom can be protected through registered designs, which grant exclusive rights to the form of the design for a certain period of time.

Conditions for registering an industrial design in the United Kingdom

• Novelty: The design must be new, which means that it has never been publicly available anywhere in the world before the date of application. Minor differences from existing designs can still be considered new.
• Distinctiveness: The design must be distinctive, which means that the general impression it makes on the knowledgeable user is different from the impression of any other design that has been widely publicized
• Not excluded: Some designs are excluded from registration, such as those that are determined solely by the technical functionality of the product or those that are contrary to public or ethical policy.
• Visibility: The design must be visible during normal use of the product. This means that the features of the design must not be hidden or obscured when the product is used for its intended purpose.

Types of industrial designs that can be registered in the United Kingdom

• For registered designs: Protect the appearance of the product derived from the characteristics of: Lines, Borders, Colors, Shapes, Textures, Materials of the product itself, Decorative patterns on the product
• For unregistered United Kingdom designs: Automatically protects the shape or configuration of a 3-dimensional design, but does not protect the surface decoration. The protection lasts 10 years from the first marketing of the product and allows you to prevent copying for commercial purposes.

Look up industrial designs in the United Kingdom

United Kingdom Intellectual Property Office (IPO) Design Search Data System

It is the official database of registered designs in the United Kingdom. Users can search by:

• Model Number
• Style name
• Owner’s Name
• Product Groups
• Object Class: Locarno

Customers can access the IPO’s Style Search Tool here: https://www.gov.uk/search-registered-design

DesignView

It is a database for searching for designs registered at the European Union Intellectual Property Office (EUIPO) and in other participating countries, including the United Kingdom. Users can search by criteria:

• Model Number
• Owner’s Name
• Product Groups
• Object Class: Locarno

Customers can access DesignView here: https://www.tmdn.org/tmview/welcome

Industrial Design Registration Dossier in the United Kingdom

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial design registration in the United Kingdom under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for registration of an industrial design, please contact Viet An Law Firm for the most effective support.