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What design rights do I have?

It is possible for there to be a wide variety of rights in a product which initially seems solely to be a design. Aside from the types of rights straightforwardly provided in the UK and European Law – which are rights in registered designs and also unregistered design rights - there is potentially copyright in a design, as well as patent rights over a technically functioning design, and possible trademark and copyrights over the more markedly aesthetic parts of the design. 

Rights in a design can be complex and overlapping and as such it is recommended that a consultation is sought in order to cut through any confusion that may arise as to which IP rights actually apply in a given situation (or country) as well as which arise automatically and which need to be sought out by a registration process. 

If you have any questions or would like to speak to an intellectual property specialist, please call Jonathan Perlmutter on 0330 818 2917 for a free consultation. Visit business intellectual property solicitors for more information.

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