UK unregistered design right: what is protected?
UK unregistered design right protects qualifying product shape and configuration, including internal arrangements, but not surface decoration. Supplementary protection covers appearance under a different timetable. Check entitlement and dates before relying on exclusivity. Factory development records can be coordinated through Cambridge China Bridge.
Identify the shape or arrangement you want to protect
UK unregistered design right arises automatically for qualifying designs and concerns the shape and configuration of three-dimensional objects. Configuration means how the parts are arranged. Internal and external arrangements can be covered; surface decoration is excluded.
Mark the relevant features on your factory drawings: the casing profile, internal layout or arrangement of components. Keep printed patterns and decorative finishes in a separate appearance brief. For broader sourcing safeguards, use our guide to protecting your IP and tooling.
Check entitlement before assuming you own protection
Qualification depends on the relevant person or business and, where qualification relies on first marketing, UK disclosure. Official guidance refers to people resident in the UK or a qualifying country and businesses formed under their laws. China manufacture alone does not establish entitlement.
Record who designed each feature, who employed them and which business is claiming the right. Ask a UK intellectual property adviser to check qualification and ownership before promising exclusivity. Keep factory file delivery separate from that assessment; see factory drawing ownership and handover.
Separate shape protection from appearance protection
Supplementary unregistered design protection concerns the appearance of a whole product or part, including shape, colours, texture, materials and ornamentation. It lasts 3 years from first disclosure in the UK. It is a separate right, not an extension of the longer shape-and-configuration protection.
Before a factory posts sample photographs or you publish a catalogue, agree who can release images and when. Keep a record of the location, date and content of the first public disclosure. Use our first public design reveal guide for disclosure planning.
Calculate expiry from the right dates
GOV.UK summarises shape-and-configuration protection as ending at whichever comes first: 10 years from the end of the year the product was first made available for sale, or 15 years from the end of the year the design was created. Do not start the clock from your latest repeat order.
Keep dated drawings, sample records and evidence of first sale availability together. Ask your adviser to confirm the relevant creation date from the first design record or corresponding article. Our unregistered design evidence guide covers the supporting file.
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Plan for licences of right
During the final 5 years of shape-and-configuration protection, you must allow others to use the design if they ask under a licence of right. Licensing terms can include royalties, payment arrangements and quality controls. If the parties cannot agree, the Intellectual Property Office's comptroller can settle the terms.
Mark the licence period in your product planning file before forecasting continuing exclusivity. If a request arrives, preserve the correspondence and seek advice on the scope and terms. Cambridge China Bridge's staff in China can coordinate factory drawings, sample histories and approved revisions for your adviser.
Frequently asked questions
Does UK design right protect my printed pattern?
Shape-and-configuration design right does not protect surface decoration. Supplementary unregistered design protection concerns appearance, including ornamentation, and has a separate disclosure-based term.
Is my product protected because I ordered it from China?
The manufacturing location alone does not establish entitlement. Check the relevant designer or business, ownership records and any first-marketing qualification with a UK intellectual property adviser.
How long does UK unregistered design right last?
It ends at the earlier of 10 years from the end of the year first made available for sale or 15 years from the end of the year created. Supplementary appearance protection lasts 3 years from first UK disclosure.
Can I refuse a licence of right request?
During the final 5 years of shape-and-configuration protection, you must allow use if requested under a licence of right. Terms can include royalties; the comptroller can settle terms if agreement fails.