Some design rights arise without registration. They can matter for short-lived products, but their existence, duration, territorial reach and evidential requirements must be assessed carefully.
The decisions that matter
For unregistered EU designs, the date and circumstances of first disclosure are central. Keep reliable records of launch events, online releases and the material actually made available. A global online launch can raise difficult questions about where and when disclosure occurred.
Proof of copying can be decisive
Unregistered EU protection is directed against copying. Development records, access to the earlier design and the chronology of the competing product can therefore be important. Registration and unregistered protection should be considered together rather than treated as interchangeable.
Do not generalise from EU law
The UK has distinct unregistered regimes, while other countries may provide different protection or none of the same kind. Copyright and unfair competition may also be relevant but involve separate requirements.
The EU right has a short, evidence-sensitive life
A qualifying unregistered EU design is protected for three years from the relevant first public disclosure in the EU. It is not renewable. Proof of the appearance disclosed, the date and the circumstances can be as important as the product comparison. Preserve the launch material in a form that can later be produced in proceedings.
Copying and independent development
Unlike registered EU protection, the unregistered right is directed against copying. Evidence of access to the earlier design, development chronology and similarities can matter. A defendant’s independent development record may therefore be important. The legal assessment must still address the protected appearance and the conditions for the right; access alone does not prove every element of infringement.
Coordinate international disclosure
A first release outside the EU can affect the availability of unregistered EU protection and later registered rights. The UK has separate unregistered regimes, and other jurisdictions follow their own rules. For a collection launched simultaneously through online channels, plan the disclosure evidence and filing strategy before release rather than trying to reconstruct the audience months later.
Three practical records to preserve
A fashion business should keep the dated lookbook and evidence of its release. A furniture studio should document which prototype was shown at an exhibition and to whom. A digital product team should retain the exact interface version and publication record, rather than relying on a later redesign as evidence of the original appearance.
What we need to begin
Useful starting material includes clear product images or drawings, the intended applicant, designer and ownership information, planned countries, earlier filings and all known disclosure dates. Tell us whether the product is a prototype, a final production model or a family of variants, and identify the commercial deadline.
Scope, fees and next steps
We first identify the legal question and the information needed to answer it. The proposed scope distinguishes filing or analysis, office correspondence, negotiations and proceedings, together with official charges and any foreign-adviser work. You receive a matter-specific proposal before the agreed steps are taken. Where another jurisdiction is involved, we coordinate with local advisers as required.
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Legal resources
Official guidance and legal framework. The applicable right, filing date and jurisdiction determine the detailed rules. Editorial review: 11 November 2026.