Intellectual Property
In the fashion industry, originality and creativity are everything. But not every design can be formally registered under industrial design laws in Nigeria. This is where unregistered design rights (UDRs) come into play. UDRs provide automatic protection for certain aspects of a design, helping designers prevent copying and safeguard their work—even without formal registration.
What Are Unregistered Design Rights?
Unregistered design rights are a form of intellectual property protection granted automatically to the shape or configuration of a product when it is created. Unlike registered designs, there’s no need to file an application with the Nigerian Copyright Commission to secure these rights.
Key points:
- Protect the overall shape, structure, or configuration of a product
- Do not protect surface decoration, patterns, or textile prints (these require registered textile designs or copyright)
- Useful as a fallback if your design cannot be registered, or if it has already been publicly disclosed
How UDRs Work in Nigerian Fashion
In Nigeria, UDRs arise under the Patents and Designs Act (Cap. P2 LFN 2004). While the law primarily focuses on registered designs, the principle of unregistered protection is recognised in practice for novel and original design elements of products like:
- Unique clothing silhouettes
- Accessories such as bags, shoes, or belts
- Fashion items with unusual construction or combination of materials
Unlike registered designs, UDRs require proof of copying if someone else reproduces your design. This means that to enforce your rights, you must show that an infringer deliberately copied your original design.
Advantages of Unregistered Design Rights
- Automatic protection: No filing or registration process is required. Protection begins as soon as the design is created.
- Quick fallback: If you miss the opportunity to register a design, UDRs provide some level of legal protection.
- Complementary to other IP: UDRs can be combined with copyright or registered design rights to strengthen your legal position.
Limitations of Unregistered Design Rights
- Proof of copying is required: Unlike registered designs, where ownership is officially documented, UDRs require evidence that the infringer copied your design.
- Limited scope: Only protects the shape and configuration of the design, not colours, patterns, or surface decoration.
- Shorter term: The enforceability period may be more limited compared to registered designs.
Practical Tips for Nigerian Fashion Designers
- Document your creations: Keep detailed sketches, samples, and dated digital files to prove originality.
- Combine protections: Layer UDRs with textile design registration, non-textile design registration, and copyright where possible.
- Monitor the market: Watch for copycats and act quickly if someone reproduces your designs.
- File for registration where possible: If your design is eligible for registration, do so to gain stronger legal protection and easier enforcement.
FAQs
Q: Can I rely solely on unregistered design rights?
A: While UDRs offer some protection, they are weaker than registered designs. It’s best to combine them with other IP protections when possible.
Q: Do unregistered design rights cover textile patterns?
A: No. UDRs only cover the shape or configuration. Textile patterns require textile design registration or copyright.
Q: How do I prove someone copied my design?
A: Keep detailed records, including sketches, prototypes, production notes, and dated digital files. These can be used as evidence in legal proceedings.
Conclusion
Unregistered design rights are a valuable tool for Nigerian fashion designers, offering automatic protection for the shape and configuration of your designs. While they don’t replace registered design rights or copyright, they serve as an important fallback and can complement other forms of IP protection.
At Cardinal Counsel, we help Nigerian designers understand their unregistered and registered design rights, enforce them effectively, and build comprehensive IP strategies to protect their creative work.
Contact us today at info@cardinalcounsel.co to speak with one of our specialist fashion IP lawyers.