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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 01 October 2023

p. 81730. UK unregistered design rightlocked

p. 81730. UK unregistered design rightlocked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University


This chapter focuses on unregistered design right as a means to protect designs in the UK under Part III of the Copyright, Designs and Patents Act 1988. It begins by considering the subsistence of the UK unregistered design right, with emphasis on the requirement that there be a ‘design’ and exclusions to design protection by the unregistered design right. It then discusses issues of ownership, duration, and infringement as well as the defences available in cases of infringement of unregistered designs. The chapter concludes with a brief explanation of sui generis right involving semiconductor chips.

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