Intellectual Property Office

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What is a design right?

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 you do not register your design, it may be possible to rely on the unregistered design law that is in place in the Bailiwick. The design will need to be original in this case and the protection for a design under this law is different to the protection available under the Registered Designs (Bailiwick of Guernsey) Ordinance, 2005.

If the design has a technical function or the appearance of the product comes naturally from the function the item performs design right may not be a suitable or available form of IP protection in your case. This point will need careful consideration of the law and the design itself.

We would recommend you consider the differences in the protection and the nature of the design itself so that you can make an informed descision about the best protection for your design. You may wish to consider legal or professional advice.

[Image extracted from GRD 007 - Shell Brands International AG]