BUSINESS: Design Registration

In a world where "copying" can sometimes feel all too common a problem, design registration is something that many designer-makers will undoubtedly be aware of. Today Anna Hull of The Bunny Maker talks us through her own experience with design registration and how it can help protect your designs.

The Scenario

A little while a go, I got a message from an online contact which simply said, "Have you seen this? I thought it was you at first", followed by a link. The link led me to a listing on a uk-based online selling platform for an almost exact replication of one of my products. The same product image was also being used for a Facebook profile avatar, which is where the identity confusion had come from.

How can you avoid this scenario?

If your design has an element exclusive to you, you can register the design. Registering your design means that you have exclusive rights to the look and appearance of your item and no one can allude to or copy it. The very fact that it is registered may be enough to prevent someone from copying it. It also means that you can take legal action if you so choose.

How do you apply to register a design?

In order to register a design the Intellectual Property Office (IPO) states that you must first establish that it is "not identical to an existing design" e.g. new and has "individual character" e.g. elements that are exclusive to it. These need to be three-dimensional and not what is called "surface ornamentation" such as adding a bow or button, or fancy stitching. For example, You could not register "a rabbit made from a sock" because there are many such products for sale over the internet and there is no reference to specific elements relating to the design.

So, you can’t stop people making bunnies from socks, but you can stop them making ones that look just like your own. I registered "Children's toy bunny made from a sock, with unique elements being the sleeping bag and knotted ears". These characteristics make my bunnies instantly recognisable as products made by me, hence my contact thinking the Facebook page was mine.

The IPO provides all the information you need and relevant forms can be downloaded from the site. You will need to state:

1. the elements of the design which make the product unique to you;
2. provide comprehensive photos of all angles of the product; and
3. Pay a fee of £60 to apply and there is no refund if your design is rejected. 

The advantages of registering your designs

As you know, copyright arises automatically when something is created but to enforce this right you must prove that your design was directly copied and you must also have a record proving the date your own design was created which can be difficult and stressful. With a registered design:

• You do not have to prove that the design was directly copied from you to enforce your rights;
• Protection can last for a maximum of 25 years from the filing date of your application (although you must renew every 5 years up until the maximum of 25 years);
• You can sell your registered design if you so wish; and
• You can extend your UK protection to certain countries (mainly members of the Commonwealth) affording you a degree of international protection.

My bunnies are Registered Design No.4010483 and I was able to mention this when contacting the admin of the uk-based online selling platform; the listing was removed immediately. A polite Facebook message took care of the avatar.

If you do have a product, designed and created by yourself, that is unique, or has a unique design element and you are planning on marketing to broaden your market, or simply want to prevent anyone else copying it, consider applying. It is quite easy and relatively cheap for the peace of mind it gives.