What are Design Rights ?
Registered Design Rights
A registered design protects the visual appearance of a product or item and gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop an unauthorised party from producing or using your design.
If the design has a technical function or the appearance of the product comes naturally, as a result of the function that it performs, then a design right may not be suitable or even an available option in terms of protection. To determine whether or not a design right will be suitable for the protection you are seeking you will need to reference the Registered Designs (Bailiwick of Guernsey) Ordinance, 2005 or seek guidance from a professional who will be able to advise you.
If you do not register your design, it may be possible that your design has existing protection in law by virtue of the Unregistered Designs (Bailiwick of Guernsey) Ordinance, 2005. The protection under this law is different to the protection available for a registered design right. Again you may wish to seek professional guidance to determine which form of protection would meet your individual and commercial needs.
Unregistered Design Rights
In addition to the register of designs which is held at the Intellectual Property Office, the States of Guernsey also has provisions in place for the protection of designs which are not registered.
The protection granted to the owner of an unregistered design is different to that of a registered design. Careful consideration should be exercised when deciding whether or not to register your design along with reference to the Unregistered Designs (Bailiwick of Guernsey) Ordinance, 2005. The Intellectual Property Office can provide you with public service information regarding unregistered designs, but for advice on the interpretation of the legislation you should seek professional legal advice.
