What is the duration of a registered Community design?
A registered Community design will last for an initial period of five years from the date of filing. Provided that renewal fees are paid every five years, the duration can be extended up to a maximum of twenty-five years.
Who is the first owner of the right to apply for a registered Community design?
In general, the first owner of the right to apply for a registered Community design is the designer. However, where a design is created by an employee in the course of employment, the designer’s employer will be the first owner of the right to apply, unless the employer and employee have agreed otherwise or relevant national laws state otherwise.
The rights in a design, including the right to apply for a registered Community design, or the Community design application or registration itself, may be transferred from one party to another. Where a design is being created for you by someone other than an employee carrying out his normal duties, it is advisable to obtain a written agreement that clarifies the issue of ownership before the design is made.
Introduction to the protection of designs
Design protection in the European Union
What can be protected by a registered Community design (RCD)?
What is the procedure for obtaining an RCD?
What is the duration of an RCD?
Who is the first owner of the right to apply for an RCD?
What rights does the proprietor of an RCD have?
How are RCDs enforced?
How can an RCD be exploited?
When can an RCD be declared invalid?
UK Registered Designs
How can I obtain registered design protection internationally?
When can I disclose my design?
Unregistered Community designs
What unregistered protection do designs have in the UK?