Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
A design may be protected either as a registered or unregistered design.
The legislation on unregistered design rights in the UK is in the Copyright, Designs and Patents Act 1988 and legislation on unregistered designs in the EEC is in EC Regulation 6/2002.
The legislation on UK-registered designs is in the Registered Designs Act 1949 and legislation on Community-registered designs is in EC Regulation 6/2002.
Unregistered design right protects original, non-commonplace designs of the shape or configuration of products. Marketers could infringe the design right in a product if they reproduce exactly or substantially the design without permission.
Registered design right protects the appearance of the whole or a part of a product resulting from the features of, in particular, the line, contours, colour, shape, texture of the product or its ornamentation. Marketers could be liable if they use a registered design without permission.
CAP is not an expert on the law, if they are concerned about the legality of a proposed advertisement, marketers should take legal advice.
Last modified : 17 April 2012