Design right agent information
From 1 April 2017, all new registered design applications/submissions must be carried out by an authorised design right agent (unless the application/submission is undertaken by the proprietor of the registered design themselves).
Persons authorised to deal with the maintenance of a registered design registered prior to 1 April 2017 are able to continue to act in relation to those registrations, even if they are not a registered design right agent.
Design right agents are registered under The Registered Designs (Register of Design Right Agents) Regulations, 2017.
A person who wishes to register as a design right agent must have a permanent establishment within the Bailiwick of Guernsey and must be a 'qualifying person' under the regulations.
'Qualifying persons' are as follows:
- An Advocate of the Royal Court of Guernsey
- A member of the Bar of England and Wales, the Bar of Northern Ireland or the Faculty of Advocates in Scotland
- A solicitor of the Senior Courts of England and Wales, of the Court of Judicature of Northern Ireland, or in Scotland
- A person entered on the register of Patent or Trade Mark Attorneys under the Copyright, Designs and Patents Act 1988
- A director, manager or other similar officer of a Corporate Service Provider (as described in The Companies (Guernsey) Law, 2008) who has a qualification as stated in s.2(5)(e) of The Trade Marks (Register of Trade Mark Agents) Regulations 2017
- A person whose name is entered on the list of professional representatives for trademarks and designs maintained by the EUIPO
- Such person, who by reason that person's of qualifications or experience, the Committee, after consultation with the Registrar, determines to be a fit and proper person to act as an authorised design right agent.
How to apply to become an agent
To apply to become a design right agent you will need to complete an application form and return it to the IPO with the relevant fee.
The application form, and fee schedule, are available here: IP Agent forms & fee schedule.