Here is the complete article.
Design law involves the protection of the physical look of an article/object/product. This law is in practice very complex, but due to the recent changes in the EU, and the fact that the IP course only involves the current regimes the complexity of the various issues involved cannot be extensively described as there are not many cases on the topic. There are four regimes for the protection of designs in the UK.
1 - Copyright: protects engravings, sculptures, and works of artistic craftsman. Govenmed by the usual CDPA measures but two main limitations make it less useful in this field. Those are sections 51 and 52. Section 51 grants a defence to copy the final product driven from the copyrighten work as long as the final product is not an artistic work or a typeface. Section 52 makes the protection period for limited to 25 years only for anything that passes s51.
2- Unregistered Design Rights (UK): Straight forward requirements: Article, Originality (different from ©, the thing has to be different from the common articles around - not that the person made it by himself), must be recorded, and it must not fall within the exclusions (fomulae, 'must-match', 'must-fit', and decorations). The right granted is an anti-copying right > This means that it must be showed that the infringer actually COPIED from you, not only that both designs look similar. The protection period is complex, it is actually 10 years that could start after a maximum of 5 years from the making of the design, but it cannot exceed 15. So if used after 7 years, the protection would last for 8 years only. (Governed by the CDPA.)
3- Registered Designs Right (UK + EU): This is governed by the Registered Designs Act 1988. This clearly protects the "APPEARANCE" of the design in question. Unlike the unregistered right, the aspect to be protected has to be visible during the use of the product. The requirements are is that it must be novel, has an individual character and must not fall within the exclusions: Must not be a component of a complex product that is not visit (this is the spare parts thing!), the designs shape must not be soley dictated by its technical functions, and there is a similar 'must fit' exclusion as well. The protection granted is of a monopoly right, a person would infringe by making a similar product even if he did not actually copy. The protection duration could last up to 25 years.
4- Unregistered Design Right (EU): Similar requirements to the Registered Right, but does not require actual registration and is an anti-copyright right. The duration of the protection is 3 years only. (Practical for fashion based industries)
About the Author:
Blue Chi is a Law student from Sultanate of Oman studying in UK & very talanted graphic designer.
His personal website: http://www.theblueconcepts.com/idream/
He is the one of the creators of TheBlueConcepts & Oman3D.
No comments:
Post a Comment