Design protection: rights and time limits in the EU, UK, US, China and India

Copies are part of the jewellery business, and they travel fast once a design is shown at a fair or online. The law protects designs in several ways, but the rules differ by country, and some protection only exists if you register in time. This guide is an overview, not legal advice: talk to an intellectual property lawyer before you rely on it.

Three kinds of protection

• Registered design (a design patent in the USA and China): protects the look of a product once registered; strongest and easiest to enforce.
• Unregistered design right: automatic in some places (EU, UK), but shorter and you must prove copying.
• Copyright: some countries protect jewellery as an artistic work; how far this goes differs a lot between countries.

One application, many countries

The Hague System, run by the World Intellectual Property Organization (WIPO), lets you file one international design application that covers many countries, including the EU, the UK, the USA, Japan, South Korea and, since May 2022, China. Check WIPO's current member list for the markets you sell in.

Habits that make a claim stronger

• File before you show when you can. Some systems give a grace period after the first showing, others don't.
• Keep dated evidence: sketches, CAD files, emails and photos that show when you created the design.
• Use a confidentiality agreement before sending drawings to manufacturers (see our guide to briefing a manufacturer).
• Agree in writing that moulds and files made for you are yours.
• Act early when you find a copy: a lawyer's letter often works better than waiting.