Design Law - Introduction To Design Protection Flashcards
What features can a design include?
Lines, contours, colours, shapes, texture, or materials
Explanation: A design is defined by the appearance of a product, which may include visual elements like lines, shapes, or textures. It does not protect the functionality or processes.
How long does a UK Registered Design (RD) last if it is continuously renewed?
25 years
UK Registered Designs last up to 25 years, with renewal required every five years.
Which of the following is NOT true about Supplementary Unregistered Designs (SUD)?
It provides automatic protection.
b) It lasts for 10 years from disclosure.
c) It only protects copied designs.
d) The design must have novelty and individual character.
It lasts for 10 years from disclosure.
SUDs last for only three years from the first public disclosure. Protection is automatic but only extends to copied designs.
What is the main distinction between UK Unregistered Design Right (UK UDR) and Registered Design?
Registered Designs require formal registration, while UK UDR does not.
UK UDR is automatic and does not require registration, while Registered Designs need to be officially filed and processed for protection.
Which of these cases best illustrates the overlap between copyright and design protection?
a) A smartwatch design covering the internal mechanism and aesthetics.
b) A chair with special carvings considered an artistic work.
c) A perfume bottle registered for trademark and design.
d) A fabric pattern eligible for copyright but not functional usage.
A chair with special carvings considered an artistic work.
Explanation: Artistic aspects, like intricate carvings, can qualify for both copyright and design protection if they meet originality and aesthetic requirements.
A design must always be functional to qualify for protection.
True or False
False
Explanation: While designs can have functional aspects, protection often applies to the visual appearance rather than functionality.
Copyright protection for designs lasts up to 70 years after the author’s death.
True or False
True
Explanation: Copyright for artistic works in designs lasts the artist’s lifetime plus 70 years, provided it qualifies under copyright laws.
Designs registered under the Hague Agreement must be examined for novelty before protection in the UK.
True or False
False
Explanation: Designs under the Hague Agreement do not go through a novelty examination in the UK. They are treated the same as UK Registered Designs.
The Toblerone triangular packaging is an example of a design also protected as a trademark.
True
Explanation: Toblerone’s distinctive shape serves as both design and trademark protection due to its uniqueness and branding significance.
A Continuing Unregistered Community Design created post-Brexit is valid worldwide.
False
Explanation: CUCDs are valid only in the UK post-Brexit and no longer provide EU-wide coverage.
Define “design” in the context of UK design law. Provide examples of both 2D and 3D designs.
Answer: A design refers to the visual appearance of a product, including lines, shapes, colours, textures, or ornamentation.
Examples:
2D: A decorative pattern on wallpaper.
3D: The ergonomic shape of a chair.
Why is design considered an important differentiator in a competitive market? Name two industry leaders who emphasised this point and summarise their statements.
Design distinguishes products, especially when other factors like technology and pricing are similar.
Sony CEO Nono Ohga: Stated design is the ultimate factor influencing consumer choice in competitive markets.
Anita Roddick, The Body Shop: Highlighted the necessity of unique designs to stand out in busy retail environments.
Explain the term “substantial value exclusion” in design law. Provide an example of when this exclusion might apply.
This exclusion prevents registration if the shape or design mainly adds value to the product, distorting market competition.
Example: A luxury chair design where the shape’s aesthetic appeal drives sales more than functional features.
List and describe three types of design protection available in the UK. Include their prerequisites and duration of protection.
Registered Design (RD): Requires registration, lasts up to 25 years, protects novel and individual aspects of a product’s appearance.
UK Unregistered Design Right (UK UDR): Automatic protection, lasts 10-15 years, covers shape and configuration but not surface decoration.
Supplementary Unregistered Design (SUD): Automatic protection post-Brexit, lasts three years, protects only copied designs with novel and individual character.
How does overlap between designs and patents work? Provide an example of a product where this overlap might occur.
Designs protect the aesthetics of a product, while patents cover functional inventions.
Example: A smartwatch’s sleek casing can be protected as a design, while its internal technology may be patented.
What is the significance of the phrase “Ugliness doesn’t sell” in the context of EU design protection? How does this principle align with consumer behavior and commercial benefits?
The phrase emphasizes the importance of aesthetics in product appeal and market success. Well-designed items enhance consumer experience, improve brand recognition, and command higher value, aligning with buyer preferences for visually appealing products.
