1.10 Protecting designs and intellectual property

Study notes

  • Definition of Intellectual Property (IP): IP refers to something that has been physically created and did not exist before. Examples include a book, a film, a camera lens mounting system, a handbag, or a car manufacturer's name badge.

  • The Physicality Requirement: Ideas alone do not count as IP. They must be translated into a physical format to be recognised.

  • Uniqueness: This is an essential element when seeking Intellectual Property Rights (IPR) because the key point of these rights is the protection of original ideas.

  • Historical Context: While IP ideas originated in Roman times, the formal recognition of owners' rights began in the late-nineteenth century with the Trade Marks Registration Act. This act addressed the growing problem of copying and stealing original work or identities.

  • Automatic vs. Applied Rights: Some rights are automatically endowed when work is created, while others must be applied for, depending on the type of IP and the country's laws. This section focuses specifically on UK law.

Copyright and Unregistered Design Rights

  • Copyright Definition: A legal right providing protection for work such as books, photography, drama, music, films, television programmes, and software.

  • Duration of Copyright:

    • In most cases, it lasts for 7070 years after the death of the creator.

    • The Copyright, Designs and Patents Act 1988 provides the legislative framework in the UK.

    • It gives 7070 years of cover to literary, dramatic, musical, or artistic works (including films).

    • It gives 5050 years of cover to sound recordings.

  • Management of Copyright: It allows creators to license their work. Examples include:

    • Photographs licensed for use in magazines and books.

    • Theatre companies paying a fee to stage a musical.

  • Unregistered Design Rights: These provide protection for designs so they cannot be copied; they also cover unauthorised dealing in copied designs.

    • Scope: They cover the appearance of a product, including shape, material, and ornamentation.

    • Exclusions: They do not cover how a product works (which falls under patents).

    • Duration: These rights apply for 1010 years.

  • Automatic Nature: Both copyright and unregistered design rights are automatically applicable as soon as the work is created; they do not need to be formally registered.

  • Proving Ownership: Despite being automatic, proving ownership in a dispute can be difficult.

    • Organisations like the UK Copyright Service help provide independent evidence of authorship.

    • The © symbol (the 'C in a circle') is the accepted symbol used to reinforce that the owner is serious about protecting the work and likely to take legal action.

    • The symbol is usually accompanied by the name of the copyright holder and the year of first publication.

  • Additional Proof Strategies:

    • Adding metadata (encoded information) and watermarks to digital images.

    • Keeping early drafts, sketches, and recordings to show the development process.

    • Incorporating deliberate, unique modifications (e.g., slight alterations in maps) that can be cited as evidence.

Patents

  • Definition: Patents for an invention are granted by the government to the inventor to give legal protection from ideas being stolen or used without permission.

  • Duration: Patents provide up to 2020 years of legal protection.

  • Eligibility: They only apply to novel (new) inventions or significant improvements on previous versions regarding the working parts of a design.

  • Examples of Patentable Items:

    • A suspension system of a car.

    • A circuit board in an electronic product.

    • A sensing device in an automatic kettle.

    • A sealing method used in push-fit pipe fittings.

  • The Application Process:

    • Submissions are made to the Intellectual Property Office (IPO).

    • The process is expensive and complicated.

    • Inventive Drawings: An essential element is a set of drawings illustrating how the invention functions. Key features must be numbered and cross-referenced with the written explanation.

    • Patent Attorneys: These professionals are often employed to check the validity of an application and carry out complex searches.

  • Confidentiality: It is essential that the idea is not exposed prematurely (e.g., through demonstrations or newspaper articles), as this would render it invalid for patenting.

  • Commercial Importance: Conflict over patents can involve billions of dollars, such as the legal battles between Apple and Samsung regarding phone and tablet patents.

  • James Dyson Case Study: Dyson has engaged in ongoing legal battles with rival companies to protect patented ideas like the dual cyclone system in his vacuum cleaners.

  • Innovation By-product: The publication of invention details through the patent system is argued to encourage further innovation.

Registered Designs, Trademarks, and Logos

  • Registered Designs:

    • These cover the appearance and decoration of a product (e.g., the exterior casing of an electronic device rather than the internal circuitry).

    • New designs can be registered for up to 2525 years by submitting illustrations and fees to the IPO.

    • This helps combat the international trade in fake designer label products.

  • Trademarks and Logos:

    • Logo: A graphical symbol used to produce an instantly identifiable and unique identity for a brand.

    • Trademark: May incorporate graphics but can also consist of words (e.g., the phrase 'dual cyclone'). It is a unique combination of words, sounds, colors, and logos used for marketing.

    • Registration: Trademarks are registered with the IPO and must be renewed every 1010 years.

    • The TM® Symbol: Used to warn others that a trademark is protected.

    • Rights conferred: The registrant can take legal action against counterfeiters, use the symbol on their brand, and sell or license the brand.

Product IP Comparison Table

Product Feature

Mobile Phone

Car

Copyright

Legal notice in information settings

Driver's manual

Patent

Central processor circuit

Hybrid transmission system

Registered Design

Shape and form of bezel on edges

Shape and form of bodywork

Trademark

Company logo

Grille badge

Open Design

  • Definition: An approach to designing and manufacturing that operates outside the protection of patents and other IPR. Products, machines, and systems are developed to be freely accessed by everyone.

  • Philosophical Roots: Often seen as an evolution of the 1950s do-it-yourself (DIY) culture. It involves communal involvement for the "greater good."

  • Victor Papanek: An American designer and educator who promoted open design. He disliked patents, viewing them as restrictions that prevented the development of designs for the benefit of society.

  • Technical Facilitators:

    • Free Open Source Software (FOSS) projects.

    • Open Source Hardware, such as 3D-printed components and printed circuit boards (PCBs).

  • Licensing in Open Design: To ensure work is used appropriately, designers often use a Creative Commons licence. This allows the designer to retain IP and the right to be acknowledged while giving others the freedom to build on the work.

  • Examples of Open Design:

    • Ronen Kadushin: An Israeli designer who produced the 'Italic shelf' system. He uses standardized file formats like DXF (Drawing eXchange Format) to make creations available to all.

    • RepRap Prusa i3 3D Printer: Can be made from parts printed on the machine itself using freely available 3D files, facilitating collaborative growth.

    • Practical Action: An international non-governmental organisation (NGO) promoting 'technology justice' to challenge poverty. They provide free designs for water pumping/purification systems, ploughs, and aerial ropeways (e.g., in Nepal).

    • Fairphone: An open-source software-based mobile phone designed to be easily upgraded and repaired, challenging the trend of replacing phones every 1818 months.

    • Shipping Containers: In the 1950s, Malcom McLean and Keith Tantlinger developed the standardized shipping container system. They leased the patents to the International Organisation for Standardisation (ISO) free of royalties to ensure worldwide compatibility and remove hindrances to global trade.

Key Terms Summary

  • Intellectual Property (IP): A novel, physical creation entitled to protection for its originator.

  • Intellectual Property Rights (IPR): The legal protection of IP.

  • Copyright: Unregistered rights protecting original works like books, photos, and plays.

  • Unregistered Design Rights: Automatic protection preventing the copying of a product's appearance.

  • Patent: Legal protection for inventions relating to how products function.

  • Intellectual Property Office (IPO): The official UK government body responsible for IP.

  • Registered Design: A product whose appearance/decoration is legally protected.

  • Logo: A graphical symbol serving as an element of a trademarked brand identity.

  • Trademark: A combination of words, sounds, colors, and logos used for marketing and legal brand protection.

  • Open Design: A design not protected by IPR so it can be freely used and developed by others.