An unregistered community design is established merely by the
disclosure of a design and triggers protection for three years from
the date of disclosure. This informal right was created to satisfy
the demands of the industry and creatives for a design protection
right providing broad-ranging territorial protection and safety for
short-lived products without an elaborate and costly registration
procedure.
Our Legal Insight delves into the particularities of the
unregistered community design and its relationship to its big
brother – the registered community design. We take a closer
look at the uncertainties, but also consider how the designer can
utilise this informal right.
Registered design vs. unregistered design