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FAQ's

1. What is Protect Your Design (PYD)?

The idea originated from Michael and Izaz’s visits to Bond Street and their discussions with various high street retailers. One retailer had allocated their basement to cabinet after cabinet full to the brim with designs going back scores of years. It struck them both at the time that it was a wholly inefficient way of storing their designs. In addition it was a complete waste of real estate. Bottom line was that they were stored ‘out of sight and out of mind’. PYD is a huge library which allows you to upload and record your designs. It will also assist you when it comes to tackling the thorny question of copying.

2. How do I upload my work?

2.1. Register

2.2. Choose Package ie bronze silver and gold

2.3. Choose public or private

2.4. Its free for the first year

2.5. Upload!

3. If I go public are my designs freely available for all to see?

Yes. Only choose private if you don’t want anyone seeing your designs. You can switch from private to public at any stage.

4. IMPORTANT NOTICE

PLEASE READ THIS. The point of PYD is that it allows you to keep all your designs in one place but PLEASE NOTE USING PYD AND UPLOADING YOUR DESIGNS DOES NOT MEAN YOU OBTAIN A MONOPOLY AND WILL GET A CERTIFICATE OF REGISTRATION. WE ARE A FIRM OF SOLICITORS AND IF YOU WANT TO FILE FOR A REGISTERED DESIGN. TRADE MARK OR PATENT THEN PLEASE CONTACT THE IP TEAM AT info@lawdit.co.uk.

5.Run that by me again?

The difference between a Registered Design and Design Right. Under English law there are two types of rights – registered rights ie patents, trade marks and registered designs and unregistered rights ie copyrights, and designs. PYD is concerned with unregistered rights only. Unregistered Design Right (‘UDR’) gives you the right to prevent unauthorised copying of the design in the UK.

6. So in the fashion industry you rely on an artistic work or the unregistered community design (UCD).

A UCD is different to UDR as it gives its owner the right to prevent unauthorised copying of the design throughout the European Union. It is not a monopoly right, in the sense that only if a third party produces an article by copying is design right infringed.

7. What is protected by a UCD?

If the design is novel and possesses individual character then the design can be the appearance of the whole or part of a product (including its inside) and may arise from the lines, contours, colours, shape, texture, material or ornamentation of the product. The product may be a graphic symbol ie computer icon. The definition of a Community design set out in art.3 of Council Regulation (EC) 6/2002 ("the Design Regulation") is the following: "For the purpose of this Regulation: a) "design" means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation."

8. How should I record the design?

The design needs to be uploaded in a pdf, jpeg, or giff. The design needs to be matched with a particular category ie for clothing designs use the clothing class 2 with a sub class of specific clothing designs. Click here to see examples of what is a good design and what is a bad design.

9. Who owns the Designs?

If you created the designs you do. If you commissioned the designs the designer does. If the designs were created during your employment, the employer will be the first owner.

10. I work for a large fashion house. I want to keep this year’s designs secure and safe. Is this possible?

Yes of course. When you subscribe to PYD you will be asked to confirm if you want the designs to be private or public. Private means private. They cannot be seen by anyone unless you share your password or key. You can change from private to public at any stage.

11. You mention a key? What does this mean?

When you subscribe to any level be it private or public, you will be given a key or a code. Please keep this safe. It is unique to you. This key can be used to share your designs. You will need to send your key to enable them to view your designs.

12. Is it secure?

We guarantee that your work will be secure. However we use trusted third party providers to ensure your works are hosted securely in a safe environment. We do recommend you make your own back ups of your work.

13. If I use PYD does this mean my design is registered and protected?

No. Copyright and Design Right does not grant you a monopoly. You are not receiving a registered design. If you file and obtain a Registered Design then you are granted a monopoly on the design and don’t have to prove the other party who has copied from you knew of your designs. However with unregistered design right the offending party must have known about the designs. Design right is concerned with copyright. You don’t obtain a monopoly on your design.

14. How do I protect my 2 dimensional drawings?

Surface decoration and pattern design can be protected by a three year law known as the Community Designs Regulation (6/2002/EC) (CDR).