Introduction
The registered designs regime protects new and innovative
product designs, but only if designers register those designs.
However, design registration is sometimes treated as the poor
cousin of patent and trade mark registration. Companies do not
always pay attention to the nature or quality of the design
drawings they file with the Designs Registry. The recent UK Supreme
Court case of PMS International Group plc v Magmatic
Limited [2016] UKSC 12 (the Trunki case) emphasises the
importance of choosing appropriate design drawings in order to
avoid limiting the scope of protection conferred by
registration.
If the value of your product lies in its visual appearance (its
aesthetic features), it is advisable not only to apply for a
registered design but also to obtain legal advice so as to avoid
the pitfalls highlighted in the Trunki case.
