The Hidden Legal Minefield: What Happens When You Copy Someone's Unregistered Design Work

Windmill Curtain Room
Jul 20
5 min read

Understanding the serious legal implications that many creators don't realise exist.

When most people think about intellectual property protection, they immediately think of patents, trademarks, and copyrights. But there's another form of protection that's often overlooked yet equally powerful: unregistered design rights. And copying someone's unregistered design work can land you in serious legal trouble, even if you thought it was "fair game."

What Are Unregistered Design Rights?

Unregistered design rights are automatic legal protections that apply to the visual appearance of products or their parts. Unlike registered designs, these rights don't require formal application or registration – they exist automatically when someone creates an original design.

In the UK, unregistered design rights protect:

The shape and configuration of articles
Surface decoration and ornamentation
The overall visual appearance that makes a design distinctive

The key word here is automatic. The moment someone creates an original design, they potentially have legal protection – whether they realize it or not.

The Legal Implications of Copying

1. Infringement Claims

Copying someone's unregistered design work can result in design right infringement claims. The original creator can take legal action if they can prove:

They own the unregistered design rights
Your work copies their design
The copying is substantial

2. Financial Consequences

If found guilty of infringement, you could face:

Damages – compensation for the harm caused to the original creator
Account of profits – handing over any profits you made from the copied design
Injunctions – court orders to stop using the design immediately
Legal costs – potentially paying both your own and the other party's legal fees

3. Criminal Implications

In severe cases, particularly involving commercial copying, there can be criminal charges. This is especially true if the copying is done knowingly and on a commercial scale.

The "I Didn't Know" Defence Doesn't Work

One of the biggest misconceptions is that ignorance provides protection. It doesn't. Unregistered design rights exist whether or not:

The design is marked with copyright symbols
The creator has told anyone about their rights
You were aware the design was protected
The design appears simple or obvious

Real-World Scenarios Where This Matters

In the Craft and Making Industry

Copying a unique curtain-making technique or construction method
Replicating someone's original pattern or template design
Using someone's innovative approach to traditional crafts

In Business

Copying a competitor's product design
Using someone's design concepts in your own products
Adapting someone's visual design elements

In Digital Spaces

Copying website layouts or visual elements
Using someone's graphic design concepts
Replicating digital product interfaces

The popular Roman blind Integral Return by Windmill Curtain Room

A Real Case Study: When Educational Content Gets Commercially Exploited

Sometimes the best way to understand the seriousness of design infringement is through real examples. As someone who has spent nearly 40 years perfecting curtain-making techniques and holds UK Design Rights for innovative methods like the Roman blind Integral Return, I'm currently dealing with a case that illustrates the difference between sharing knowledge and commercial exploitation.

In 2017 I first published the Integral Return on my social media, then in 2018, I created a free video tutorial demonstrating the making method. For years, makers have used this method freely in their work - exactly as intended. This drove traffic to my social media pages and YouTube channel, and I was happy to see the technique being adopted across the industry.

Where the Line Was Crossed:

The problem began when competitors started copying substantial portions of my video content and templates to create their own tutorials for commercial sale. Others have incorporated my method into their paid training courses. None of them asked for permission.

The Key Distinction:

✅ Using the technique in your work - Absolutely fine, encouraged even
❌ Copying my educational content to sell commercially - This is infringement

The Irony: Had any of these people simply asked, I would have gladly given permission with just some simple conditions. Instead, they chose to copy without permission, forcing me into expensive legal action.

The Legal Reality:

I've had to engage IP solicitors to address the commercial copying
Legal letters are being sent one-by-one to resolve the situation
The costs are not insubstantial - both in legal fees and time
This demonstrates that there's a clear legal difference between using a technique and commercially exploiting someone's educational content

The Broader Impact: This case shows how commercial copying can actually harm the very innovation and knowledge-sharing that benefits our entire industry. When creators can't protect their educational content, it discourages the free sharing of techniques and methods.

Advanced seam free Integral Return for interlined Roman blinds

How Long Do These Rights Last?

Unregistered design rights typically last:

15 years from the end of the calendar year in which the design was first recorded
10 years from the end of the calendar year in which articles made to the design were first made available for sale

This is substantial protection that can span well over a decade.

Protecting Yourself: Due Diligence Steps

Before Using Any Design:

Research the origin – Try to identify who created the design
Check for existing rights – Look for any indication of design protection
Seek permission – When in doubt, ask the creator directly
Document your own work – Keep records of your original design process
Get legal advice – Consult with an IP lawyer for complex situations

If You're Accused of Copying:

Don't ignore it – Failing to respond can make things worse
Gather evidence – Collect proof of your own design process
Seek legal counsel – IP law is complex and requires professional guidance
Consider settlement – Sometimes negotiation is more cost-effective than litigation
Research diligently

Protecting Your Own Unregistered Designs

Document Everything:

Keep detailed records of your design process
Date and sign your sketches and concepts
Take photographs of prototypes and development stages
Save digital files with timestamps

Consider Registration:

While unregistered rights exist automatically, registering your design provides stronger protection and is easier to enforce.

The Bottom Line

Unregistered design rights are a powerful but often invisible form of intellectual property protection. Copying someone's design work – even unknowingly – can result in serious legal and financial consequences.

The creative industries are built on innovation and original thinking. Respecting others' design rights isn't just about avoiding legal trouble; it's about maintaining the integrity of creative work and ensuring that innovators can benefit from their efforts.

Remember: When in doubt, don't copy. Create something original, seek permission, or get professional legal advice. The cost of prevention is always less than the cost of litigation.

This blog post provides general information and should not be considered legal advice. For specific situations, always consult with a qualified intellectual property lawyer.