Design Law - Copyrights and Designs Flashcards
Which international agreement introduced the “idea-expression” dichotomy?
TRIPS Agreement
What is the minimum duration of copyright protection under the Berne Convention?
Life + 50 years
Which case confirmed that registered designs can also receive copyright protection in the EU?
Flos
Section 51 of the CDPA provides a defence against infringement claims for which of the following?
Copying of articles made to a non-artistic design
What principle did the case BL v Armstrong emphasise with regard to spare parts?
Copyright does not apply to spare parts due to the non-derogation from grant doctrine
*The EU enforces the principle of cumulation, meaning designs are protected under both copyright and design law.
*Paternity rights under UK copyright law apply to sculptures and works of artistic craftsmanship.
*The Tripp Trapp Chair was patented but not considered an artistic work under copyright law.
*Copyright in the UK protects artistic works irrespective of their artistic quality.
*True
*True
*False
*True
Define the “idea-expression” dichotomy and its significance in copyright law.
The “idea-expression” dichotomy means that copyright protects the expression of ideas, not the ideas themselves. This ensures that while the specific way an idea is expressed can be protected, the underlying idea remains free for others to use.
Explain how the originality requirement differentiates designs eligible for copyright protection in the UK.
Originality requires that a design reflects the author’s own intellectual creation, showing personal expression and creativity, rather than being a mere copy of existing works.
What are the key defenses provided by section 51 of the CDPA concerning design copyright?
Section 51 provides that copying an article made to a design is not an infringement if the design is not classified as an “artistic work,” particularly excluding surface decoration.
Discuss how design freedom influences the assessment of originality in copyright.
Discuss how design freedom influences the assessment of originality in copyright.
Provide an example of a case where surface decoration was treated separately under copyright law.
In Flashing Badge v Groves, surface decoration was considered separately, highlighting that design elements applied to a surface can be protected independently of the shape they are applied to.
What roles do both craftsmanship and artistry play in determining whether a design qualifies as a “work of artistic craftsmanship” under UK law?
What roles do both craftsmanship and artistry play in determining whether a design qualifies as a “work of artistic craftsmanship” under UK law?
