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considered artistic if they are devoid of extraordinary features."


Copyright, though, will apply to decoration. "For instance, were Picasso to have painted a design onto an ordinary chair, that painting would be protected as with any other Picasso work," explains DACS.


- Design right


This automatically protects a 3D design for 10 years after it was fi rst sold or 15 years after it was created. But according to the UK Intellectual Property Offi ce (UKIPO), unregistered design right only applies to the shape and confi guration of objects: in other words, how the diff erent parts of a design fi t together.


You will also need proof that you created the design, and when. UKIPO suggests "getting signed and dated copies of your design drawings or photos certifi ed and kept by a solicitor or intellectual property attorney". You can also send them to yourself by registered post and keep them unopened.


These design rights do not cover 2D aspects of a design, such as patterns.


- Registered design


For a fee you can also register your design. Registered design rights safeguard the appearance, physical shape, confi guration


For a design to be eligible it must not be off ensive or include protected emblems, such as the Olympic rings. It must also not count as an ‘invention’. Contact UKIPO for more information on how to register a design.


- Patents and trademarks


Further protections are available if you design a new working part for an item or have a unique logo or want to give your design a name.


Patents cover entirely new inventions and can take a long time to secure. A trademark can cover a combination of words, 2D designs and patterns, and colours that defi ne your product.


What to do if you think you have a case


If you believe your rights have been breached, the fi rst port of call should be UKIPO or, if you see a design you believe you own being sold commercially, contact


and decoration of the item.


Registration protects all aspect of your design, allows you to prevent others from using it for up to 25 years (with the registration renewed every fi ve years) and makes taking legal action against infringement and copying easier. The design will be stored on a searchable database.


Trading Standards.


It is also important to check the UK design database. Visit Designview (www.tmdn.org) to search for designs registered in the UK by the World Intellectual Property Organization and the European Union Intellectual Property Offi ce to make sure that the item isn’t registered by someone else.


If you do have a case this is where your records come in as, if you have not registered the design, it is the owner’s responsibility to prove someone has intentionally copied it.


There are several ways to settle a dispute. UKIPO off ers a mediation service, and this is an important stage in the process. The next step would be litigation, but for disputes of up to £10,000 there are cheap court mechanisms that do not require lawyers to get involved.


If you do need a lawyer there is no shortage of legal fi rms that specialise in IP – but remember that there will be, potentially signifi cant, costs involved.


But defending your intellectual property is important and is something that designers and creatives should always have at the forefront of their minds. Your work is your own and you deserve to be recognised and rewarded for your eff orts.


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