Where to file – the UK, EU and beyond…
When considering where to file for registered design rights, you will need to look at which countries you make or sell to or are likely to make or sell to in the future. It’s important to tailor IP protection for your individual business’s requirements and business strategy. Consider the rights you really need. Where do you need to register? Which rights are best for each of your products? There is no one size fits all approach.
The UK
Is your target market focused on the UK, and do you plan to remain UK focussed? If so, then you may decide to also focus your design strategy on the UK and rely only on UK registered and unregistered design rights (as appropriate). An advantage of this strategy is that it keeps your IP portfolio streamlined and cheap to maintain. However, if you have short or long term plans to expand and export outside the UK, then consider future markets early. It will be valuable to ensure that you own the rights to market your designs outside of the UK.
The EU
Is the EU a major target market for your business? If so, then an EU design strategy needs to consider (a) whether to file a registered design or to rely only on unregistered rights and also (b) whether to file rights just in the EU or also in the UK. Before Brexit you could obtain a single registered design right that covered UK and all countries in the EU, but now these are separate processes. For those who want both UK and EU rights, your design attorney will be able to bundle them together to achieve the same result as before. They will also be able to advise you on any increased complexity of cross-border enforcement of your design rights.
And Beyond...
Is the US your market or further afield? Are you planning to take advantage of free trade agreements for example. If your business operates (or plans to operate) internationally, then your design attorney will be able to advise you on planning your international filing strategy. For example, it is common to register designs in just a handful of jurisdictions focusing on where a product is made or sold. This may be on a country-by-country basis or targeting a single region. However, for businesses operating in a more global marketplace, the Hague System may be a good option. This allows you to register design rights across the world in an easy and cost effective way.
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