Registration

No formal registration procedure is required (or possible) to obtain a UCD: it comes into existence automatically when the design is first made available to the public within the Community.

Duration Of Protection

A UCD lasts for three years from the commencement date (see below).

To Whom Are UCDs Available?

They are available to any person, or company, irrespective of nationality.

What Is Protected By A UCD?

The protected design may be the appearance of the whole or part of a product (including its inside) and may arise from the lines, contours, colours, shape, texture, material or ornamentation of the product. The product may even be a graphic symbol, e.g a computer icon, or a typographical typeface.
The design must meet two criteria. It must:

be Novel;
and possess Individual Character.

Both these criteria are judged with reference to designs which have been made available to the public before commencement of the UCD (prior designs). Designs may be made available by publication, use or by any other means.

When Does The UCD Commence?

The right commences when the design is deemed to have been made available to the public within the Community. This happens when the design is published, exhibited, used in trade or otherwise disclosed in such a way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the Community. This wording is based on that of the "Safeguard Clause" in Registered Design Law and is thought only to exclude disclosures which are obscure, due to their extent, location or time of disclosure.

Novelty

For a UCD to be Novel, it must differ from prior designs by more than immaterial details.

Individual Character

For a UCD to possess individual character, it must produce a different overall impression on the informed user from prior designs. In many cases, the informed user is likely to be the end user of the product.
In fields where the designer has less design freedom, the difference between protectable designs and prior designs will not be as great as where the designer had complete design freedom. This is also reflected in the infringement rights arising from the UCD.

Complex Products And Spare Parts

Complex products are defined as products which are composed of two or more replaceable component parts which permit disassembly and reassembly of the product.
The UCD in component parts of such products only extends to component parts which remain visible during normal use of the complex product.
Further, the repair of a complex product so as to restore it to its original appearance by the use of a component part does not infringe a UCD for the design of that component part. This is aimed at continuing to permit the manufacture and sale of "non-genuine" car parts, for example, even if such parts are protected.

Excluded Features And Designs

A UCD cannot protect features of a design which are solely dictated by the product's technical function, or features which are required to permit the product to be connected to or placed in, around or against another product so that either product may perform its function.
However, a design which serves the purpose of allowing the assembly of modular products may be protected.
Designs may not incorporate protected emblems which include, for example, the Olympic symbols, Royal arms and national flags. Also, they may not incorporate third parties' trade marks or copyright material.

The owner of the UCD is the designer, or his or her employer if the design is developed by the employee in the execution of their duties or following the instructions of their employer.