While patents protect a new apparatus, product or process, the outward shape or decorative appearance of products of all kinds is protectable by either a Registered Design, which requires registration with the Patent Office, or by the (unregistered) Design Right (a form of copyright covering the shape and configuration of an article) which gives weaker protection without the need for registration.

It should also be noted that the length of protection given by Design Right is less than that for Registered Designs.

Copyright gives rights to the creators of original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films, broadcasts, videos and computer programs, to prevent unauthorised copying.

There is no registration system for copyright in the UK as it comes into operation automatically, when an artistic work is reduced to material form, i.e. recorded in some way, e.g. a drawing, photograph, etc., however the owner must bear in mind that he bears the responsibility for proving that the right is his.

Potts, Kerr & Co also have extensive experience of the filing and prosecution of applications for Registration of Designs and can advise fully on Industrial Copyright and Design Right related matters.