Icons registrable as designs

As described opposite, the United Kingdom's designs law has recently changed. Under the previous law, icons for display on a computer screen were not registrable since they were said not to be "applied" to an "article".

In a Registered Design Appeal Tribunal case (Apple Computer Inc v Design Registry, 24.10.2001, noted at [2002] E.I.P.R. N-40) decided under the previous law (which still applies to designs registered or pending at 9 December 2001), Mr Justice Jacob overturned this finding, and held that icons were registrable. Apple Computers were allowed to register their icon.

Jacob J. also commented that icons should be registrable under the new law. We think this is probably correct. Under the new law, the definition of the "product" to which a design is applied includes matters such as graphics and typefaces, indicating that the definition should be broad enough to include screen displays. Although "computer programs" are excluded from protection as registered designs, the history of the new design law indicates that this probably only applies to the code itself, and representations of it, rather than to the displays it produces.

Thus, software and game developers may now find design protection to be available in the UK, and the same logic should apply to other EU countries in view of the recent harmonisation of European design laws.