Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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employment
Registered and
unregistered designs
Solicitors actively
involved in advising clients on the
registration and infringement of design
rights
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Our solicitors undertake design registration,
licensing and litigation. We have an active
practice in the protection and licensing of, as
well as litigation about, copyright and designs.
These rights relate to form and appearance rather
than to technical principles of construction. Our
solicitors handle applications for those which are
registrable and advice on unregistrable rights
which arise automatically.
Designs are
protected in UK law by:
- Registration
under the Registered
Designs Act 1949 (RDA)
as amended.
- Unregistered
design right under the
Copyright, Designs and
Patents Act 1988
(CDPA).
Designs may
also be protected by
copyright where the
design is surface
decoration or for an
artistic work like a
building. Copyright
and registered designs
are
cumulative. A
claimant must rely on
copyright where
copyright and
unregistered design
right reside in the same
design.
Registered
designs
How
is a registered
design applied for?
An
application for
registration of a
design is made to
the UK Intellectual
Property Office,
www.ipo.gov.uk. Priority
may be claimed from
an earlier design
application filed
within six months of
the UK application
in a convention
country.
The application must
be made by the
proprietor of the
design. The
proprietor is the
author of the design
except where:
- The
author is an
employee and the
design is made in
the course of
employment. The
employer is the
proprietor.
- The
design is
commissioned. The
commissioner is
the proprietor.
- The
design is
assigned. The
assignee is the
proprietor.
If
unregistered design
right subsists in
the design, the
design right owner
must make the
application for
registration.
The application is
examined and cannot
be refused by the
registrar unless:
- The
wrong applicant
makes the
application.
- The
design fails to
meet the criteria
for registration.
The date of
registration is
generally the date
of filing the
application.
Proceedings
can only be taken in
respect of
infringements
occurring after the
certificate of
registration is
granted (s. 7A(6)
RDA).
The
procedure for
obtaining
registration of a
design is usually
quick and relatively
inexpensive.
What is a
registrable design?
"Design"
means the appearance
of the whole or part
of a product
resulting from the
features of, in
particular, the
lines, contours,
colours, shape,
texture or materials
of the product or
its ornamentation
(s. 1(2) RDA):
- The
design can be of
the product itself
(or part of the
product) or its
ornamentation.
- The
design need not
have aesthetic
quality.
- External
or internal
features of
appearance are
generally
protected.
"Product"
means any industrial
or handicraft item
other than a
computer program and
includes packaging,
get-up, graphic
symbols,
typographical
typefaces and parts
intended to be
assembled into a
complex
product.
A "complex product" is
composed of at least
two replaceable
component parts
permitting
disassembly and
reassembly of the
product (s. 1(3)
RDA).
- The
design need not be
industrially
exploited but can
reside in one-off
works.
- 2D
and 3D designs are
included.
- The
design of spare
parts is
registrable
provided the other
criteria for
registrability are
met.
- Computer
programs are
excluded
Infringement
of a registered
design
A
registered design is
infringed by any use
without the consent
of the proprietor of
(s. 7 RDA):
- The
design.
- Any
design which does
not produce on the
informed user a
different overall
impression, taking
into account the
freedom of the
author in creating
that
design. The
informed user has
experience of
similar designs
and is reasonably
discriminating
(Procter &
Gamble v. Reckitt
Benckiser (2007).
Infringing
uses of the above
include:
- The
making, offering,
putting on the
market, importing,
exporting or using
of a product in
which the design
is incorporated or
to which it is
applied.
- Stocking
such a product for
those purposes.
Infringement
of a registered
design is actionable
by the proprietor
but not a
licensee. A
defendant may bring
proceedings for
groundless threats
of infringement
proceedings (s. 26
RDA).
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Unregistered
designs
What
does
unregistered
design right
subsist in?
Design
right subsists
in the design
of any aspect
of the shape
or
configuration
(whether
internal or
external) of
the whole or
part of an
article (s.
213 CDPA):
- Purely
functional
designs are
included.
- The
shape of part
of an article
can be
protected.
Design
right cannot
be claimed in:
- Methods
or principles
of
construction.
- Parts
of articles
that are
designed to
fit with or
match another
article.
- Surface
decoration
whether 2D or
3D.
Infringement
of
unregistered
design
right
Design
right is
infringed by
(s. 226-228
CDPA):
- Copying
the design
directly or
indirectly to
make articles
exactly or
substantially
to that
design.
- Knowingly
dealing in
infringing
copies for
commercial
purposes.
Remedies
are
essentially
the same as
for copyright
infringement,
except that
there is a
remedy for
groundless
threats of
design right
infringement
proceedings
(s. 253 CDPA).
Community
designs
Community
designs may be
obtained as
additions or
alternatives
to UK designs
law
protection. The
advantage is
that Community
designs are
valid and
enforceable
throughout the
EC.
Two
types of
Community
right can
subsist in the
same design:
- Unregistered
Community
design –
arises
automatically
the design is
published in
the EC.
- Registered
Community
design –
available on
application
from the
Office for
Harmonisation
in the
Internal
Market (Trade
Marks and
Designs)
(OHIM)www.oami.europa.eu
The
criteria for
Community
designs
(registered or
unregistered)
are the same
as for UK
registered
designs. "Design"
means the
appearance of
the whole or
part of a
product and
covers
industrial or
handicraft
items, logos,
packaging,
get-ups and
typographical
typefaces
provided they
are new and of
individual
character. Protection
cannot be
claimed for
functional
features or
interconnections.
Registered
Community
design became
obtainable
from OHIM with
effect from 1
April
2003.
Once granted,
a Community
registration
can be used to
prevent any
unauthorised
commercial use
of the design
anywhere in
the EC for a
maximum period
of 25
years.
Unregistered
Community
design came
into force on
6 March
2002. It
too precludes
commercial use
of the design
but only where
there has been
copying and
only for a
period of
three years.
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Intellectual
property at a glance
- Patents, trade marks,
copyright, designs and trade
secrets in their national, EU and
international contexts.
- Trade
marks principally indicate the
origin of goods or services. They
can be protected in the UK through
either passing off or
registration. The
choices for registration are a UK
or a Community trade mark or
international registration.
- A registered trade mark
may afford protection against use
of the same or a similar sign for
the same, similar or dissimilar
goods or services.
- Patents confer monopoly
rights in inventions. The
invention must be new, inventive,
capable of industrial application
and not excluded.
- Patents must be licensed
in accordance with the Block
Exemption on Technology Transfer
Agreements. They
may be subject to compulsory
licences and Crown use.
- Copyright subsists in
works not ideas. Related
rights include moral rights and
rights in performances.
- Copyright is infringed by
taking a substantial part of the
claimant's work. Additional
damages are available for flagrant
infringements.
- Database right subsists
in electronic and paper databases
if a substantial investment is
made in obtaining the contents.
- Designs are protected in
UK law by registered and
unregistered design rights. Community
designs co-exist with UK designs
laws.
- Trade secrets may be
protected by a civil law action
for breach of confidence. The
information must be confidential,
imparted in circumstances
importing a duty of confidence and
the defendant must make
unauthorised use of the
information.
- Intellectual
property rights are generally
litigated in the High Court. A
general pre-action protocol sets
out the steps that parties should
follow when considering
litigation.
- Expert
evidence can be the key to success
in intellectual property cases
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Combinations
Solicitors
here can supply the energy and depth in
intellectual property law which companies,
businesspeople and correspondent firms need in
a competitive world marketplace to manage
their intellectual property rights
successfully, including in relation to:
- internet
- joint ventures
- know-how & show-how
- licensing &
franchising
- litigation,
arbitration, mediation
- media & publishing
- patents (licensing,
transfer & litigation)
- passing off
- technology transfer
- trade marks
- unfair competition
- business & company
acquisitions & sales
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- computer software
- confidential
information
- copyrights
- database rights
- defamation &
malicious falsehood
- designs (registered
& unregistered)
- employee obligations
- EU treaty regulations
- free trade
- information technology
- music business
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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