Design rights is one of the most complex areas of IP law – particularly because what may appear to obviously apply as a design right may be a patent, or vice versa. Not separating these two correctly can cost time and money, and this is why you need a team of experts to help you understand your choices and how to obtain design rights.
What qualifies for a design right?
Design rights in the UK are separated into two categories – Registered Design Rights, and Unregistered Design rights.
Unregistered design rights apply automatically – they apply to the shape of a three-dimensional design if some criteria are met. This is a form of intellectual property protection, and you rarely need to worry about this type – unless your design rights are infringed, in which case you may have a legal case against whoever infringed these rights, and Sterling Law can help you build this case. A common misconception is that these unregistered design rights also apply to 2D objects, such as a pattern. Whilst EU regulations do cover these, EU design rights have to be registered separately from UK ones.
Registered design rights are different; you need to register the design and pay a fee, but they give more protection and cover 2D objects as well. Unregistered design rights only last 15 years, but registered design rights last 25 years, as long as you renew them 5 times.
Sterling Law can help you with renewal, creation, and prosecution; you may have an especially strong case with registered design rights, as these do not have to be intentional to be prosecutable – they just need to have happened with your design being registered first. Contact us for more help and details, and if your design does not fit Design Rights descriptions, you may be eligible for a patent instead, which we are also experienced and recommended in as a firm.CONSULTATION
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If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.
From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.
Sterling Law has successfully challenged a decision by Student Finance England to refuse a student loan to a settled non-EU national because it was not believed that he met the lawful residence requirements.
We have reviewed the EPC contract and provided a legal opinion on force majeure clauses (re Covid-19) and its implications.
Engineering, procurement, construction and commissioning (EPC) contracts are the most common form of contract used to undertake construction works by the private sector on large-scale and complex infrastructure projects. Under an EPC contract, a contractor is obliged to deliver a complete facility to a developer who needs only turn a key to start operating the facility, hence EPCC contracts are sometimes called turnkey construction contracts.
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.