Protecting your design abroad
To protect your design outside of the UK, you usually need to apply in each country you want protection in.
Introduction
A registered UK design protects your design in the UK, but it does not provide protection overseas. If you plan to sell, manufacture or license products abroad, you should consider securing design protection in those territories. Without protection, others may be able to copy or register your design in other countries.
If you want to protect your design outside the UK, there are several ways to apply depending on where you need protection and how many countries are involved.
Get advice
Protecting designs abroad can involve different legal systems, rules and costs. You may want to seek advice from a design attorney or other IP professional, who can help you choose the most appropriate route for your business and markets.
You can also contact the UK overseas intellectual property attaché network, who support UK businesses operating overseas and provide advice on local IP issues.
Choosing the right level of protection
You can protect your design outside the UK by applying:
- directly to national intellectual property offices
- internationally via World Intellectual Property Office
- through the European Union Intellectual Property Office (EUIPO) for EU protection
The right route will depend on where you want protection, how many countries are involved, and the costs and administrative burden you are willing to manage.
National design protection
You can apply directly to the national design office in each country where you want your design protected. This approach may be suitable if you only need protection in a small number of specific markets.
You may be able to claim priority from your UK design application if you apply in another country within 6 months of your UK filing date. This means your overseas application may be treated as if it was filed on the same date as your UK application, provided the country is a member of the Paris Convention or the World Trade Organisation.
International design protection
You can apply for design protection in multiple countries through the Hague System for the International Registration of Industrial Designs, managed by the World Intellectual Property Organization (WIPO).
This system allows you to submit a single application and designate multiple countries or regions where you want protection. An international application does not need to be based on an existing UK design, although it is possible to claim priority from an earlier national application.
The cost will depend on how many countries you designate and the number of designs included. Fees are paid to WIPO. There is a full list of fees together with a fee calculator on the WIPO website.
European design protection
If you want protection in European Union member states, you can apply for a Registered Community Design (RCD) through the European Union Intellectual Property Office (EUIPO). A single application provides protection across all EU countries.
Although the UK is no longer part of the EU, this route may still be suitable if you need design protection in multiple EU markets. Anyone can apply, and applications are made directly through the EUIPO.
If your International Design is attacked
Your design may be invalidated in any of the designated countries, but if successful, this will only affect the international registration in that country.
If someone invalidates your design and you withdraw or lose your challenge to an invalidation, you may have to pay towards the other person’s costs.
Any costs incurred are set according to the law of the National Offices in the designated countries. You may wish to seek professional advice if your international application is invalidated.
Using unregistered design rights
You may also be able to rely on automatic copyright and unregistered design protection in the countries concerned, for example the Unregistered Community Design which covers the whole of the EU.
Updates to this page
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Guidance re-written.
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First published.