Discussion
I am looking into understanding about design rights/registered industrial designs, by the looks of things it's not obvious what it is.
Am I right in thinking it's just to do with the colours etc?
For example, if I register a pair of scissors with a blue handle, there is nothing stopping someone making an identical pair with a black handle?
Am I right in thinking it's just to do with the colours etc?
For example, if I register a pair of scissors with a blue handle, there is nothing stopping someone making an identical pair with a black handle?
Edited by jamoor on Saturday 10th January 19:51
Design Rights - a UK specific right which is a sort of 3D form of copyright - gives you the right to prevent a third party from COPYING features of shape or configuration of all or part of an article - assuming that the article is the original creation of the designer. There are exceptions from infringement for certain must fit or must match features.
Registered Design - can be filed in many countries in the world (still a country specific right). A registered design gives you the right to prevent a third party from making, selling etc an article which as the same "individual character" as the registered design. In order to obtain registration the design must be new (not disclosed anywhere before, except under a confidentiality agreement). The registration protects, for example, the new design resulting particularly from the features of lines, contours, colours, shape, texture and materials of a product or its ornamentation. The scope of protection will depend upon the difference between the registration and the existing design - so for scissors with a new handle colour the right would be very narrow (restricted to the particular colour and very similar shades), but for a new design of handle with, for example a curly leaf design might have a broader scope of protection which might extend to cover a wide range of curly leaf designs (possibly a poor example, but you get the idea - hopefully). So registered designs don't just cover colours, but colours can be important - it depends.
These www.ipo.gov.uk and http://oami.europa.eu/ows/rw/pages/RCD/communityDe... should have some useful info (UK and Community systems for design protection are effectively the same)
Hopefully that gives you some idea of what is covered - keep the design confidential if you might want to register it - there are grace periods in some countries, but it's better to be safe....if you want further info asking a patent attorney or specialist IP solicitor is probably a good idea. Let me know if you want a suggestion - feel free to e-mail through my profile if you have questions you don't want to post.
Alex
Registered Design - can be filed in many countries in the world (still a country specific right). A registered design gives you the right to prevent a third party from making, selling etc an article which as the same "individual character" as the registered design. In order to obtain registration the design must be new (not disclosed anywhere before, except under a confidentiality agreement). The registration protects, for example, the new design resulting particularly from the features of lines, contours, colours, shape, texture and materials of a product or its ornamentation. The scope of protection will depend upon the difference between the registration and the existing design - so for scissors with a new handle colour the right would be very narrow (restricted to the particular colour and very similar shades), but for a new design of handle with, for example a curly leaf design might have a broader scope of protection which might extend to cover a wide range of curly leaf designs (possibly a poor example, but you get the idea - hopefully). So registered designs don't just cover colours, but colours can be important - it depends.
These www.ipo.gov.uk and http://oami.europa.eu/ows/rw/pages/RCD/communityDe... should have some useful info (UK and Community systems for design protection are effectively the same)
Hopefully that gives you some idea of what is covered - keep the design confidential if you might want to register it - there are grace periods in some countries, but it's better to be safe....if you want further info asking a patent attorney or specialist IP solicitor is probably a good idea. Let me know if you want a suggestion - feel free to e-mail through my profile if you have questions you don't want to post.
Alex
Edited by AlexB on Saturday 10th January 20:36
What's this thing about it no longer being valid after five years?
Design right lasts either 10 years after the first marketing of products that use the design or 15 years after creation of the design, whichever is earlier. For the first 5 years you can stop anyone from copying the design. For the rest of the time the design is subject to a License of right. This means that anyone is entitled to a licence to make and sell products copying the design.
Design right lasts either 10 years after the first marketing of products that use the design or 15 years after creation of the design, whichever is earlier. For the first 5 years you can stop anyone from copying the design. For the rest of the time the design is subject to a License of right. This means that anyone is entitled to a licence to make and sell products copying the design.
A design right (the 3D copyright one - no registration required) is valid as you say, but is subject to a license of right for the final 5 years of its life. During that time a third party can request that you grant a license (which can be royalty bearing as long as the royalty is reasonable) to them so that they can copy your design. Design right is very limited in scope and protection as it is automatic and only prevents copying (which you would have to prove).
A registered design is initially valid for 5 years and the registration is renewable then and every 5 years to a total term of 25 years - no license of right is available. A registered design is a much stronger right as there is a registration (proof of the existence of the right) and copying is not required for infringement.
It depends what you have created - if you have created an aesthetic design tha a registration is more appropriate, if it is a simple functional item then the design right would usually be sufficient protection. There is also the option of a patent if you have invented something (max 20 year term from filing).
Hope that helps.
Alex
A registered design is initially valid for 5 years and the registration is renewable then and every 5 years to a total term of 25 years - no license of right is available. A registered design is a much stronger right as there is a registration (proof of the existence of the right) and copying is not required for infringement.
It depends what you have created - if you have created an aesthetic design tha a registration is more appropriate, if it is a simple functional item then the design right would usually be sufficient protection. There is also the option of a patent if you have invented something (max 20 year term from filing).
Hope that helps.
Alex
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