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19 Cards in this Set
- Front
- Back
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Routes to protecting a design? |
1) Design Right 2) Registered Designs 3) Artistic Copyright |
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Design Right? |
Unregistered. Introduced to extend protection for functional designs. Automatically exists in certain circumstances. CDPA 1988 s. 213 (2-6) |
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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 |
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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. |
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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. |
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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 |
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Recordal? |
must be recorded as model, or design document. Oral disclosure is not sufficient. |
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Exclusions? |
1) Method/Principals of construction 2) "Must fit" designs 3) "Must match" designs 4) Surface decoration |
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Ownership |
Designer, unless: 1) Design was commissioned = commissioner 2) Made as employment = employer 3) Via Qualification = Qualifying person |
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Rights of Design owner |
Exclusive right to reproduce design for commercial purposes, making articles to the design or making design documents |
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Primary infringement? |
1) Copying the design 2) Producing similar articles or design documents that are identical/substantially similar |
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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 |
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Duration of design right? |
From date recorded/article made. 15 years |
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Registered designs Design? |
The appearance of the whole or part of a product |
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What is meant by product? |
Any industrial or handicraft item other than a computer program |
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Registered designs Novelty? |
No identical design or those differing only in immaterial ways made available to the public before |
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Registered designs Character? |
RDA 1949 s. 1 b 3 |
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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 |
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Artistic Copyright |
Only design articles and design documents CPDA 1988 S. 51-52 |
