1.10 protecting designs and intellectual property

Intellectual property

A novel, physical creation that is entitled to protection for its originator in the form of copyright, design rights, patent, registered design and trademark

Must be a physical thing

Copyright ©

Unregistered rights that protect original works such as books, photos and plays

Copyright

Legal right that lasts for 70 years after the death of the creator

70 years to literary, dramatic, musical or artistic works (films)

50 years to sound recordings

Provides framework that facilitates the management of copyright so permission to use it can be given

Unregistered design rights

Rights that give automatic protection to prevent copying the appearance of a product

• Apply for 10 years

• Covers appearance of a product

• Doesn’t cover how the product works

• Registration not required → means that its hard to prove ownership

Patents

Legal protection for inventions relating to the way in which the product functions

• Gives 20 years of legal protection

• Only applicable to novel inventions for the working parts e.g. car suspension

• Must be a completely new invention or a significant improvement for a design to be patented

Registered designs

A product whose appearance or decoration has been legally protected to counter copying

• Applicable to the exterior of a product

• Registered for 25 years through submitting illustrations and paying IPO fees

• International trade of fake designs is an ongoing problem even with fines for perpetrators and purchasers

Logos

Graphical symbol serving as important element of a trademarked brand identity

Trademark

Unique combination of words, sounds, colours and logos used for marketing and legal protection of brand identity

• Registered application + payment to IPO

• TM symbol used to warn others that it is a registered entity → legal action can take place against counterfeits

Open design

A design that has not been protected by IPR so that it can be freely used and developed by others

• Free from IP rights

• e.g. water pumping and purification systems