Registered designs

Registration of a design can be an expensive process, and it must be done before the design is shown to anyone otherwise than in strictest confidence. It can be worthwhile if it is sought to protect the sort of design that someone else would be sure to come up with fairly soon, to deal with competitors who reach the same design independently. A copyright is not infringed except by actual copying, but a registered design is infringed by anyone using the same design even if he thought of it independently.

The registration procedure may take about six months, and until then there is no registration, and therefore no protection. Accordingly, with articles that are very quick and easy to copy, such as most things moulded in plastic, registration ought to be applied for at least six months before they are first shown to the trade, then copying can be stopped at once. The registration lasts for five years from the application, and can be kept alive on payment of further fees for four further five year periods.