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19 Cards in this Set

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Routes to protecting a design?

1) Design Right




2) Registered Designs




3) Artistic Copyright

Design Right?

Unregistered. Introduced to extend protection for functional designs. Automatically exists in certain circumstances. CDPA 1988 s. 213 (2-6)

When does Design right automatically exist?

There is:


1) A design


2) Qualification of the design


3) Originality


4) Design has been recorded


5) Design is not excluded

A "Design"?

The shape of the article or its configuration (the way it fits together) may be protected in respect of the whole article. May be invisible to the human eye.

Qualification?

Via a qualifying person (person who is a citizen or subject of a qualifying country). Could be designer, commissioner, employer, or first to market.

Originality?

Not commonplace in field in question. Independent work of designer.




1) must not be copied from earlier design


2) Should be compared with similar articles in same field


3) Closer the similarity, more likely design is commonplace

Recordal?

must be recorded as model, or design document. Oral disclosure is not sufficient.

Exclusions?

1) Method/Principals of construction


2) "Must fit" designs


3) "Must match" designs


4) Surface decoration

Ownership

Designer, unless:




1) Design was commissioned = commissioner


2) Made as employment = employer


3) Via Qualification = Qualifying person

Rights of Design owner

Exclusive right to reproduce design for commercial purposes, making articles to the design or making design documents

Primary infringement?

1) Copying the design


2) Producing similar articles or design documents that are identical/substantially similar

Exceptions to infringement?

1) where copyright subsists in a work with design right, not infringement to do anything for DR that is against CR




2) Any person is entitled to a license of right in the last 5 years of design right




3) Specific provision for Crown use of designs

Duration of design right?

From date recorded/article made.




15 years

Registered designs




Design?

The appearance of the whole or part of a product

What is meant by product?

Any industrial or handicraft item other than a computer program

Registered designs




Novelty?

No identical design or those differing only in immaterial ways made available to the public before

Registered designs




Character?

RDA 1949 s. 1 b 3

Registered designs




Exception to registration?

1) Component parts of a complex product not normally visible




2) Purely functional designs




3) Must Fit




4) Designs contradictory to public policy

Artistic Copyright

Only design articles and design documents




CPDA 1988 S. 51-52