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In general, UK law recognised the copyright laws of foreign countries (i.e., non-Commonwealth countries) only if the other country was a party to the Berne Convention for the Protection of Literary and Artistic Works, and to some extent, this is still the case today.
The design must be recorded in a document after 1989-08-01 (s. 213(6)): designs recorded or used before that date do not qualify (s. 213(7)). The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s. 216).
Design right is a sui generis intellectual property right in British law. There are two types of design rights: the registered design right (Registered Designs Act 1949) and the unregistered design right. Unregistered design rights protect only the shape of a three-dimensional design. [1]
[1] [3] The purpose of the legislation was to update copyright law, in particular design and patent law. [4] The law arose as a result of Sir Ian Hargreaves' Review of Intellectual Property and Growth, an independent report published in May 2011. [5] [4] Implementation was in part effected on 1 October 2014.
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The 1911 Act formed the basis of UK copyright law and, as an imperial measure, formed the basis for copyright law in most of what were then British colonies and dominions. While many of these countries have had their own copyright law for a considerable number of years, most have followed the imperial model developed in 1911.
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