12) Designs Flashcards
How long is the term for protection of Copyright?
Contrast with terms for design rights
70Y from the death of designer
Much longer protection over even the longest design right term (RDR = 25Y)
But only a subset of products are protected by Copyright (i.e., creative and artistic expressions of an original idea)
How long is the term of protection of Trademarks
Contrast with terms for design rights
5Y which can be renewed in perpetuity
Much longer over Copyright or the longest design right term (RDR = 25Y)
What is the term of an UK RDR?
25Y from the application date (RF every 5Y)
What is the term of an international design obtained via Hague Agreement
15Y from date of registration/application (RF every 5Y)
What is term of supplementary UDR or Community UDR?
3Y from date of first disclosure (EU or qualifying country)
What is the term of UK UDR?
How long is the max term of monopoly?
Earliest of:
- 15Y (end of Calendar Y) from first recordal of design/ making of article (whichever was first)
- 10Y (end of Calendar Y) from being first made available for sale/hire
[Last 5Y of term —> Licence of right]
NB. Maximum term of monopoly 10Y because needs to be on the market
Which shapes cannot be registered using a TM
Shapes:
- With an essentially technical function
- With a substantial aesthetic value
- Resulting from the nature of the goods
- Which do not identify the origin of the goods
- Are not distinctive
Describe the prosecution process of a RDR
- Filing (with or without priority claim)
[No intermediate publication]
[No substantive examination] - Grant
- Publication
What is the requirement for a Supp UDR to apply?
Product must be first disclosed (e.g., marketed) in the UK
What are the validity requirements for a UK RDR/RRD and Supp UDR?
Design must:
1. be New
2. have Individual Character
In UK RDR/RRD and Supp UDR, what is not a “new” design?
Identical designs
and
Designs whose features differ only in immaterial details
In UK RDR/RRD and Supp UDR, what is “individual character”?
Contrast with “inventive step”
Must produce an different overall impression on the informed user, relative to any prior design
Lower bar than patent’s inventive step
Who is the informed user?
Contrast with “average consumer” (TM)
Someone familiar with the products in question
Typically a consumer/wholesaler/retailer dealing in the relevant products
NB. They are more experience and discriminating than the average consumer
What must the court take into account when assessing the Overall Impression of the Informed User
- Nature of the product
- Industrial Sector
- Degree of design freedom
What niche rights can a RDR base its priority on?
Clue: Cross-IP priority claims
What is the priority period?
- PCT applications
- Utility models
6M
What does a UK RDR/ RRDR protect?
The appearance of the whole or part of a product arising from such features as:
-lines
-contours
-shape
-texture
-materials
of the product
- its ornamentation
According to s1(3) of RDA what is a product?
Any industrial or handicraft item, including:
- packaging
- get-up
- graphic symbols
- typefaces
- parts for assembly into ‘complex products’
According to s1(3) of RDA what is a Complex product?
Product which is composed of at least 2 replaceable component parts permitting assembly and reassembly of the product
Clues it’s a CP = Product has:
- user-removable parts
- user-serviceable parts
- consumable components
When talking about parts of a Complex product which are not visible during normal use (as excluded from protection for UK RDR and RRDRs) what is meant by “normal use”?
Use by the end user (not during maintenance, servicing, repair work)
What is meant by absolute novelty in patent apps vs. non-absolute novelty in design apps?
2 extra types of non-prejudicial disclosures exist for design apps:
1. GP of 12M prior to filing of disclosures made by the designer
2. Material which could not have reasonably become known to UK or EEA businesses in the relevant specialist sector
Which appearances cannot be registered using a UK RDR/ RRDR?
- Computer programs
- Appearance is solely dictated by technical function
- Must fit
- Designs contrary to morality
- Parts of a Complex product which are not visible during normal use
- Protected insignia (e.g., Olympic symbol, national flags…)
Complete the statutory description of the “must-fit” exclusion (RDR and UDRs):
Features required in order to […1] or to […2] another product so that either may […3].
Except features enabling […4]
1 Connect to
2. Fit (place in, around or against)
3. Perform its function
4. Mutually interchangeable (modular) system (Think: LEGO!)