This Regulation addresses failures of retained European Union (EU) law and other deficiencies arising from the UK’s exit from the EU, and allows for the continued UK protection of these acquired rights for businesses, trade mark holders and designers and as far as possible maintains the current system. Therefore, the amendments made by this instrument will address deficiencies in EU law because of the UK’s exit.
Designs are intellectual property rights which protect the appearance of a product. As a Member State of the EU, the UK was part of an EU-wide system for protection of designs. There are two forms of designs protected at EU level, as defined by Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (CDR). These are the Registered Community Design (RCD) and the Unregistered Community Design (UCD). RCDs and UCDs are unitary rights (a single right covering all EU Member States). Both rights protect the appearance of the whole or part of a product, resulting from the features of lines, contours, colours, shape texture and/or materials of the product itself and/or its ornamentation.
RCDs are granted by the EU Intellectual Property Office (EUIPO) through an application for registration. These rights are renewable every five years up to a maximum of 25 years. A UCD enjoys protection if it is new, has individual character and it is made available (disclosed) to the public in the manner provided for in the CDR. A UCD can be protected for a maximum of three years and sectors such as the fashion industry rely heavily on this right due to high volume and the fast-moving nature of the sector. Although there is a UK unregistered design right it is different to the EU right e.g. the UCD provides protection for surface decoration. UK law does not currently provide that form of protection but this Regulation will address that issue.
On and after exit day, the CDR will no longer confer protection for existing RCDs and UCDs in respect of the UK. Without UK Government action proprietors of such rights will on exit day lose these rights. Holders of existing international trade marks and design rights registered with WIPO designating protection in the EU will also cease to be protected in the UK upon exit.
