How much effort should designers put into creating design
documents?
In the High Court decision of Edwards v Boohoo and
others 1, the defendants criticised the claimant
for not having a "design document", being a record of the
design by a drawing, written description, photograph or other
recording.
Here, we explore how the existence (or lack) of a design
document can impact how a designer pleads their case, and whether
there is a return on investment in creating design documents before
bringing the designs to life.
Legislative background
In the UK, unregistered designs are protected by two
regimes:
- Supplementary unregistered designs – a right which came
into existence post-Brexit to ensure UK designers would not lose
protection previously afforded by unregistered Community (now EU)
design rights, and
