UK law on garment designs
Unregistered design rights in the UK, for textile firms
The UK gives a garment's shape automatic protection, but not its print. For a brand weighing what its archive holds, the line between the two matters.
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Shape is covered, surface decoration is not
Section 213 of the Copyright, Designs and Patents Act 1988 makes design right a property right in an original design, and says it does not subsist in surface decoration. A print relies on copyright instead.
Source: CDPA 1988, section 213
Who owns it
Under section 215 the designer is the first owner, but a design an employee creates in the course of employment belongs to the employer. A studio that used freelance designers should check its contracts before licensing.
Source: CDPA 1988, section 215
How many years a shape is protected
GOV.UK says the shape and configuration of a 3-dimensional object is protected automatically, with no application or fee, for whichever of these ends first:
Source: GOV.UK, design right
| Protected for | Counted from | Source |
|---|---|---|
| 10 years | The end of the year it was first sold | GOV.UK, design right |
| 15 years | The end of the year it was created | GOV.UK, design right |
Section 51 adds that making an article to a design document is not an infringement of copyright in that document, unless the design is for an artistic work. Selling the records themselves is at selling textile designs.
Source: CDPA 1988, section 51