Design Rights

Can the New EU Design Regulation Kill an Infringement Claim Overnight?

The EU design law reform, effective largely from 1 May 2025, was intended to modernise and clarify the long-criticised repair clause. A recent decision of the German Supreme Court (Bundesgerichtshof,…

Do I need to obtain a design registration for my design?

Many of our clients at Briffa rely on a registered design right for their most popular designs.  Our clients in the fashion and furniture design industries in particular use this…

Edwards v Boohoo.com UK Ltd & Ors [2025] EWHC 805 (IPEC)

The High Court dismissed Sonia Edwards’ (the “Claimant”) case where it alleged that Bohoo.com UK Ltd (the “Defendant”) had infringed the unregistered design right in five of its clothing designs.…

Modular exceptions in the EU: LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24)

The case of LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24) concerns the interpretation of Regulation (EC) No 6/2002 on Community designs. The CJEU examined the scope of protection under Article…

UKIPO launches consultation on proposed changes to UK design framework

In one of the most significant developments to the sector in the past decade, the United Kingdom Intellectual Property Office (UKIPO) has launched a consultation on proposed reforms to the…

How can artists utilise copyright and designs?

Copyright Copyright is one of the most important IP rights that will protect artistic works. For artists, understanding copyright means it may be utilised to protect your original works and…

The Riyadh Design Law Treaty: what is it and what does it mean for registered designs?

In the UK and EU, registered designs are a form of intellectual property which can often be quick and relatively cheap to secure. However, the same hasn’t always been true…

How do I know if my design already exists?

If you have designed a new product and are looking to protect it via a UK design registration, one of your key concerns is likely going to be, does this…

When Does a Designer’s Name on a Label Become Legally Misleading?

Can a trade mark that includes a designer’s name become deceptive once that designer is no longer involved with the brand? This is the key issue addressed by Advocate General…

The Lego Exception and Proportionality in Injunctive Relief: A Case for Clarity

On March 6, 2025, Advocate General (AG) Szpunar delivered his Opinion in the case Lego A/S v Pozitív Energiaforrás Kft. (C-211/24), focusing on the so-called “Lego exception” under the Community…

EU Design Reform: Key Changes

The European Union’s Design Reform Package, published on 18 November 2024, marks a significant step forward in modernising intellectual property protection. Effective from 1 May 2025, the reforms introduce sweeping…

Design Disclosure and Grace Periods: Guide for Designers

When considering the public disclosure of a new design—whether through social media, exhibitions, or other avenues—timing is very important for securing your design rights. In the UK and EU, designers…

Registered Design Applications: The Hague System vs. National Applications

If you’re looking for international protection for your design, you have two main options: You can file individual design applications with the intellectual property offices in each country you’re interested…

Clarification on Animated Designs by the UKIPO

Protecting animated designs is a necessary development in this speedily evolving tech-world. In fact, the UKIPO Registered Designs Examination Practice Guide provides for such protection of both static and non-static…

Guidance on Design Applications for Multi-Component Products: Understanding the Latest UKIPO Practice

The UK Intellectual Property Office (UKIPO) has recently released an updated Design Practice Note (DPN) that provides valuable guidance on the submission of design applications for products comprised of multiple…

Major update to EU design law

Registered designs protect the shape and/or appearance of a product. They are an invaluable (and cheap) part of the IP toolkit whose importance we have written about a number of…

Artists – copyright & designs

Copyright Copyright is one of the most important IP rights that will protect artistic works. For artists, understanding copyright means it may be utilised to protect your original works and…

Design Rights in Articles of Clothing

Clothing designs can be protected by both registered and unregistered design rights (as well as copyright).  A registered design right can protect the appearance of the whole or part of…

Registered Designs & Disclosure: How much can you reveal?

Introduction On 16 December 2014, Rihanna posted a picture on Instagram which displayed a white Puma trainer with thick black soles – little did she know this would result in…

What are grace periods for registered designs?

Before you release your designs to the world there are a few things you should be aware of. Obtaining a registered design in the UK Registered design right is a…

Importance of Registering your Designs

  When undertaking an intellectual property audit of their business, designers often overlook registered designs. However, having your products protected by registered designs has multiple advantages. UK registered design protects…

Debunking Misconceptions About Registered Design Rights in the UK

Registered design rights are a valuable form of intellectual property protection that play a critical role in safeguarding the visual appearance of products. However, there are several misconceptions surrounding registered…

UK Registered Design Protection and Process

To obtain registered design protection in the United Kingdom, you can follow the process administered by the UK Intellectual Property Office (UKIPO). Here are the necessary steps involved: Application preparation:…

Is this design dictated by its technical function?

A common question we get asked is ‘what is the difference between a registered design and a patent?’. Simply, one of the main differences is that a registered design right…