Three-dimensional designs fall within the scope of unregistered design right and Not under copyright unless they are considered to be an artistic work. Three dimensional designs can be protected as Registered Designs but they need to be Registered as a Registered UK or CTM Registered Design if they wish to secure this protection.
So if you want to ‘copy’ a 3d design you need to be aware of:
- UK Or Community Registered Designs
- UK unregistered design right (for ten years only)or community unregistered design right (three years only)
It may be too simplistic….
Warning! Some designs are more “artistic” than others – if so a 3D design will be covered by copyright in the drawing or prototype and NOT by unregistered design right. For example “works of sculpture” and “works of artistic craftsmanship” or three-dimensional design of buildings and other structures.
So if you want to ‘copy’ a 2d design then we are within the scope of artistic copyright or the Community Unregistered Design.
Confused? Me too!