1.10 Protecting designs and intellectual property

Flashcards covering Intellectual Property, Copyright, Patents, Registered Designs, Trademarks, and Open Design based on the A-level lecture notes.

How is Intellectual Property (IP) defined in the text?

Something that has been physically created and did not exist before, such as a book, film, or car manufacturer's name badge.

Do ideas alone count as Intellectual Property?

No, ideas must be translated into a physical format to be recognised as IP.

What is considered an essential element when seeking Intellectual Property Rights (IPR)?

Uniqueness is essential as the key point of these rights is the protection of original ideas.

When did the need for recognition of IP rights begin to address the problem of copying and stealing?

The late-nineteenth century with the Trade Marks Registration Act.

What is the difference between how various IP rights are obtained?

Some rights are automatically endowed when work is created, while others must be applied for depending on the type of IP.

What type of work is protected by Copyright?

Works such as books, photography, drama, music, films, television programmes, and software.

How long does copyright protection typically last for literary, dramatic, musical, or artistic works?

$70$ years after the death of the creator.

Which specific UK legislation provides the framework for copyright, designs, and patents?

The Copyright, Designs and Patents Act $1988$.

How many years of cover does the UK provide for sound recordings under copyright?

$50$ years.

Are copyright and design rights required to be formally registered?

No, they are automatically applicable as soon as the work has been created.

What do unregistered design rights protect?

The appearance of a product, including shape, material, and ornamentation, to prevent copying or unauthorized dealing.

How long do unregistered design rights apply?

$10$ years.

What is specifically NOT covered by unregistered design rights?

How the product works; this falls under patents.

Why might a creator use organizations like the UK Copyright Service?

To facilitate the provision of independent evidence of authorship if a dispute arises, since registration is not required.

What does the use of the $©$ symbol reinforce to others?

That the owner is serious about protecting the work and is likely to follow up infringements with legal action.

What two pieces of information usually accompany the $©$ symbol?

The name of the copyright holder and the year of first publication.

What is 'metadata' in the context of digital image protection?

Encoded information added to digital images to provide proof of original ownership.

Why should creators keep early drafts, sketches, and recordings?

To show the development of the piece of work as additional proof of original ownership.

What strategy involving 'deliberate, unique modifications' is used in maps to prove ownership?

Incorporating slight alterations or additions that can be cited in evidence if the work is copied.

For how many years can a patent provide legal protection for an invention?

Up to $20$ years.

To which specific parts of a design are patents applicable?

Novel inventions for the working parts, such as a suspension system, circuit board, or sensing device.

What common requirement must a design meet to be eligible for a patent?

It must be a completely new invention or a significant improvement on previous versions.

Why is a patent attorney often employed before submitting an application?

To establish validity through complex searches and checks because of legal complexities.

In the patenting process, why is confidentiality vital before an application is submitted?

Premature exposure through demonstrations or media would render the idea invalid for patenting.

Which two major companies had a legal conflict involving billions of dollars regarding phone and tablet patents?

Apple and Samsung.

What patented feature did James Dyson fight to protect in his range of vacuum cleaners?

The dual cyclone.

To which body are patent submissions in the UK made?

The Intellectual Property Office (IPO).

What role do numbered drawings play in a patent application?

They illustrate how the invention functions and must be cross-referenced with the explanation in the application.

What is a useful 'by-product' of the public disclosure of inventions through the patent system?

The encouragement of further innovation.

What do registered designs cover specifically?

The appearance and decoration of a product, such as the exterior casing of an electronic device.

How long can new designs be registered for?

Up to $25$ years.

In terms of IP, what is a trademark?

An instantly recognisable combination of words, sounds, colours, and logos used for marketing and brand identity.

How is a logo defined in the context of branding?

A graphical symbol that serves as an important element in producing a unique and identifiable brand identity.

How often must a trademark be renewed?

Every $10$ years.

What rights are entitled to a registrant of a trademark?

The ability to take legal action against counterfeiters, the use of the $TM®$ symbol, and the right to sell and license the brand.

In the cell phone example, which part is covered by a Patent?

The central processor circuit.

In the car example, which part is covered by a Registered Design?

The shape and form of the bodywork.

What is 'open design'?

An approach to designing and manufacturing that operates outside the protection of patents and IP, allowing products to be freely accessed by everyone.

Which historical culture from the $1950s$ is seen as a precursor to the open design movement?

The do-it-yourself (DIY) culture.

What type of software and hardware are central to internet-based open design?

Free open source software (FOSS) and open source hardware like 3D printed components or PCBs.

Who was the American designer and educator who promoted open design to benefit society and disliked patents?

Victor Papanek.

What is the purpose of using a Creative Commons licence in open design?

It ensures the original designer retains IP and the right to be acknowledged while giving others freedom to build on the input.

Which Israeli designer created the 'Italic shelf' system as an open design?

Ronen Kadushin.

What is unique about the RepRap Prusa i3 3D printer in terms of open design?

It can be made from parts printed on the machine itself from freely available $3D$ files.

What non-governmental organisation (NGO) uses open designs for 'technology justice' in developing countries?

Practical Action.

Give examples of designs shared freely by Practical Action.

Water pumping and purification systems, ploughs, and aerial ropeways.

What is Fairphone, and how does it utilize open source software?

A mobile phone based on an OS and modules that can be easily upgraded and repaired, challenging the trend of quick device replacement.

Who were the entrepreneur and engineer responsible for the worldwide shipping container system?

Malcom McLean and Keith Tantlinger.

Why were the patents for the shipping container leased to the ISO free of royalties?

To allow others to use the design without hindrance and ensure worldwide compatibility.

What does functionality-based IP protection specifically refer to?

Patents, which protect the way in which products function.