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Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual A utility model is an Intellectual property right to protect Inventions This right is available in a number of national Legislations such as Argentina A geographical indication (GI is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which Related rights is a term in Copyright law used in opposition to the term " Authors' rights " A trade name, also known as a trading name or a business name, is the name which a Business trades under for commercial purposes although its registered In Computer networking, a domain name is a name given to a collection of network devices that belong to a domain which is an administrative space managed according Sui generis (English pronunciation ( IPA) /ˌsuːiˈdʒɛnərɪs/ roughly "SOO-ee JEN-a-ris" Latin pronunciation /ˌsuːiˈgeneris/ is a Neo-Latin In European Union law, a database right is a legal right introduced in 1996. A mask work is a two or three-dimensional layout or topography of an Integrated circuit (IC or "chip" i Plant breeders' rights (PBR also known as plant variety rights (PVR are Intellectual property rights granted to the breeder of a new variety In European Union member countries a supplementary protection certificate (SPC is a Sui generis, Patent -like Intellectual property Indigenous intellectual property is an umbrella legal term used in national and international forums to identify Indigenous peoples ' special rights to claim (from within Critics of the term " Intellectual property " argue that the increased use of this terminology coincided with a more general shift away from thinking about things like copyright Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. Industrial design is an Applied art whereby the Aesthetics and Usability of mass-produced products may be improved for marketability and An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Design rights started in the United Kingdom in 1787 with the Designing and Printing of Linen Act and have expanded from there. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Year 1787 ( MDCCLXXXVII) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common
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Legislations
Canada
Canada's industrial design act affords ten years of protection to industrial designs that are registered; there is no protection if the design is not registered. The Industrial Design Act (R. S. , c. I-8) defines "design" or "industrial design" to mean features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye.
During the existence of an exclusive right, no person can "make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered. " The rule also applies to kits and substantial differences are in reference to previously published designs.
Japan
Article 1 of the Japanese Design Law states: "This law was designed to protect and utilize designs and to encourage creation of designs in order to contribute to industrial development". For a topic outline on this subject see List of basic Japan topics. The protection period in Japan is 15 years from the day of registration.
United States
U. S. design patents last fourteen years from the date of grant and cover the ornamental aspects of utilitarian objects. Objects that lack a use beyond that conferred by their appearance or the information they convey, may be covered by copyright -- a form of intellectual property of much longer duration that exists as soon as a qualifying work is created. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names In some circumstances, rights may also be acquired in trade dress, but trade dress protection is akin to trademark rights and requires that the design have source significance or "secondary meaning. " It is useful only to prevent source misrepresentations; trade dress protection cannot be used to prevent others from competing on the merits.
United Kingdom
Under UK law there is both a registered design right and an unregistered design right. The unregistered right, which exists automatically (depending on where and by whom the design is created), lasts up to 15 years (depending on when articles according to the design are put on the market), while the registered design right can last up to 25 years. UK residents can also use the European Community Designs regime administered, as far as the registered right is concerned via OHIM in Alicante. The Office for Harmonization in the Internal Market (Trade Marks and Designs or OHIM (OAMI or es Oficina de Armonizacion del Mercado Interior HABM de Harmonisierungsamt ||-||} Alicante ( Spanish language) or Alacant ( Valencian) is a city in Spain, the capital of the province of Alicante and of the
Bibliography
- Brian W. Gray & Effie Bouzalas, editors, Industrial Design Rights: An International Perspective (Kluwer Law International: The Hague, 2001) ISBN 90-411-9684-6
See also
- Design patent (US patent law)
- Industrial design rights in the European Union
- Geschmacksmuster (German design law)
- Open design
- Utility model
External links
- Information about industrial design rights on the IPAustralia website.
- Industrial Design Act (Canada) ( R. In the United States, a design patent is a Patent granted on the ornamental design of a functional item Industrial design rights in the European Union are provided at both the Community level by virtue of the Community design and at the national level under indvidual Under German Law, the Geschmacksmuster ("aesthetic model" is a form of Intellectual property that extends Industrial design rights Open design is the application of Open source methods to the creation of physical products machines and systems A utility model is an Intellectual property right to protect Inventions This right is available in a number of national Legislations such as Argentina S. C. 1985, c. I-9 )
- Information about industrial design rights on the UK Patent Office web site
- International Designs on the WIPO web site
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