Why Register a Registered Design
Written by Michael Coyle on 23 April 2008« Return to Reading Room
Its an effective way of protecting a design.
A registered design confers a 25-year monopoly right in the design. Following registration your design will be protected in that it will give you the exclusive right to make articles incorporating the design. Therefore allowing you to sue for infringement even where the defendant did not copy the design.
If a registration is not obtained, you can only rely on design right, which only lasts for ten years from the end of the year of first exploitation
The process of obtaining a registered design is relatively short and inexpensive when compared, for example, with obtaining a patent.Registration indicates that the owner has incurred time and expense in protecting his design, which serves as a warning to third parties that the design is valued.Registration gives the exclusive right to make articles incorporating the design, allowing the owner to sue for infringement even where the defendant did not copy the design. If a registration is not obtained, the owner of the design would need to depend on
A registration may help build up the reputation and goodwill relating to the product concerned, particularly when used in conjunction with a strong trade mark.
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