In the UK, designs of three dimensional items (which are not artistic works) are protected against copying by a separate intellectual property right known as unregistered design right (UDR). For the purposes of an infringement action, it is critical to know which features of a design are protected by UDR and which are not. However, this is not always a straightforward question. In the recent case of Neptune (Europe) Limited v Devol Kitchens Limited, the High Court attempted to interpret the law in this area. Arguably, the ruling has resulted in more confusion than clarity. Via this link, you can read our discussion of the ruling and its implications for those seeking to protect their designs.
Home » UK: Unregistered Design Right – Clarity or Confusion?