1.10-Protecting designs and intellectual property Flashcards
What is intellectual property
-a novel, physical creation that is entitled to protection for its originator in the form of copyright, design rights, patent, registred design or trademark
-ideas alone do not count as IP- physical format of some kind is compulsory
-some rights are automatically endowed when created, others have to be applied for
-IP laws vary from country to country and there are various rules governing applications
What are intellectual property rights
-the legal protection of IP
-uniqueness is essential when seeking to protect IP with intellectual property
What is copyright
-unregistered rights that protect orignial works such as books, plays
-it allows management of permission for others to use work (e.g. licesning photos for use in books)
-Uk Copyright Designs and Patent Act 1988- provides cover for works for 70 years after death of creator
-copyright symbol and watermarks on digital files make it easier to assert ownership
-UK Copyright Service provides an independent evidence of authorship facility
What are unregistered design rights
-these provide legal protection for designers to stop unauthorised copying for 10 years
-cover appearance, not how products work
-registeration not required but ownership hard to prove in a dispute
What are patents
-legal protection for inventions relating to the way in which the products function
-the Intellectual Property Office grants patents for novel inventions
Explain how and why a designer might use a patent
-apply to working parts of a design e.g. car suspension system, automatic kettle sensor
-provide up to 20 years legal protection but are expensive and complicated to obtain
-essential that invention is new or improves an existing design
-detailed, labelled diagrams/clear descriptions essential for submission
-patent attorney often employed to cheack a patent
-publication of a patent encourages further innovatopm
What are registered designs
-legally protected product appearance or decoration to counter copying
-not working parts
-designs registered for up to 25 years by submitting illustartions and a fee to IPO
-trade in fake designer label products is an ongoing problem despite legal penalites
What are trademarks
-a unique combination of words, sounds, colours and logos used for marketing, and the legal protetion or brand identity
-may incoporate graphics
-registered by making an application and paying fee to IPO
-need to be renewed every 10 years
-® symbol used to warn others that is a protected trademarks
Bic Atlantis pens- patent, registered designn, trademark, copyright
-patent- incoporates licensed Laszlo Biro ball ink delivery system
-registered design- the ‘S’ curve, barrel shape and other aesthetic features
-trademark- the Bic and Atlantis names are both registered
-copyright- all text on the packaging, e.g. safety instructions
What is open design
-a design without IPR that can be freely used and developed by others
-it is a communal, altruistic approach to design that is intended to realise products and systems for the common good of society
-encourages collaboration and sharing
-many initatives internet based and involve free open source software
-3D printing is an example of sharing facilitated by universal file formats (e.g. STL)
What is a creative commons licence
-a public copyright licence that enables free distibution of an otherwise copyrighted work
-used to maintain an originator’s rights, but allow development
Example of open design- Practical Action
-an organisation promoting ‘technology justice’ to challenge poverty in developing countries, by producing freely copiable designs for life improving projects such as water pumping and purification systems, ploughs and aerial ropeways
Example of open design- Fairphone
-example of an open source software based modular, easily upgraded and repaired mobile phone challenging the current trend to dicard mobile phones every couple of years
Example of open design- 1950s shipping container patents
-these were leased to the International Organisazation for Standardization free of royalities, facilitating current worldwide freight transport
