An interesting question I’ve had this month is: does copyright protect designs? And is it separate to design right?
The answer to both of these questions is yes – but there are some crucial differences.
Copyright and design right are two of four intellectual property rights that are recognised under UK and international laws.
A design right protects the aesthetic features of an invention, whereas copyright protects the underlying expression of ideas. If we take a computer game as an example, copyright would protect the code but would not necessarily prohibit somebody from arriving independently at a similar work. Design right could be used to protect characters and certain other graphics, giving protection to the ‘look and feel’ of the game.
Copyright protection is automatic and free; a design right has to be registered and a fee paid.
Design protection lasts for up to 25 years from the date the application for registration is lodged. Copyright protection generally lasts for the author’s lifetime plus 70 years.
A design right does not protect technical features – this is where a patent might be used.
Image by clogsilk and used under a CC BY NC-ND 2.0 licence.
A recent high-profile legal battle over alleged design infringement of the Trunki suitcases has attracted lots of media attention, and highlights some of the tensions between design right and copyright.
For more information about Intellectual Property, UK law, and how to protect your creations, see the UK Intellectual Property Office website.