What are Design Rights ?
A registered design protects the visual appearance of a product or item and gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop an unauthorized party from producing or using your design. Design rights protect the way a product looks. If the design has a technical function or the appearance of the product comes naturally as a result of the function that it performs, then a design right may not be suitable.
The protection granted to the owner of an unregistered design is different to that of a registered design. Careful consideration should be exercised when deciding whether or not to register your design along with reference to the Unregistered Designs.
In order for a registered design to be valid, it must:
- Be new (no similar or identical designs registered in the Bailiwick of Guernsey)
- Have individual character (the appearance of the design is different to any existing designs)
- Be already registered in an approved overseas jurisdiction (see regulations – link below)
A design is not register-able if it:
- Does not have individual character
- Is offensive
- Is solely dictated by the product’s function
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