Design Law (UK) - Designers, Property and Transactions Flashcards
What type of property is a design considered in UK law?
Choses in action
Explanation: A design is classified as intangible personal property, termed “choses in action,” which refers to rights that can only be achieved or enforced through legal action.
Who is typically the first owner of a design created during employment?
The employer
Explanation: Under UK law, the employer is the first owner of a design created during employment unless there is an agreement to the contrary.
What is required for a design assignment to be valid under UK law?
Assignment completed in writing and signed by the assignor
Explanation: Legally, assignments of designs must be in writing and signed by or on behalf of the assignor for registered and unregistered design rights. This creates a binding transfer of rights.
When should portfolio reviews occur to optimize design registrations?
Annually or as products evolve
Explanation: Regular reviews help optimise resource allocation and ensure that only critical or valuable design rights are retained as portfolios grow or product relevance changes.
True or False: Joint owners of a design can independently license or assign rights without consent from each other.
False
Explanation: Joint owners must consent before licensing or assigning rights as each owner holds equal control, ensuring mutual agreement is critical.
True or False: International designs are generally more cost-effective to renew because of centralised payments.
True
Explanation: International designs allow for centralised and consolidated payments, significantly reducing management and renewal costs over time.
True or False: Employers always own a design created by an employee during work, regardless of location or applicable law in other countries.
False
Explanation: While the employer typically owns the design, ownership laws vary by jurisdiction, and exceptions exist in some countries, such as Denmark and Finland, where employees may retain rights.
True or False: Implied licenses allow buyers to repair products but not to re-manufacture them under the guise of repair.
True
Explanation: Implied licenses grant the buyer the right to perform repairs, but creating entirely new products under the guise of repair is prohibited.
Define the term “equitable ownership” in the context of UK design law. How does it typically arise?
Equitable ownership refers to ownership rights arising from fairness or intention rather than formal legal title. It often arises unintentionally, such as when no written agreement exists, ownership isn’t explicitly addressed in contracts, or a transfer violates principles like a director’s duty to a company.
What are the three main types of licenses in UK design law? Provide a brief explanation of each.
Exclusive license: Grants the licensee sole right to use the design, including excluding even the owner.
Sole license: Allows the licensee exclusivity except for the licensor, who may also use the design.
Non-exclusive license: Permits the owner to license the right to multiple parties concurrently.
Describe the factors to consider when deciding where to file a design registration.
Factors include the client’s current and future markets, competitors’ manufacturing regions, and the strategic importance of certain jurisdictions. Filing locations should align with business objectives while considering costs and potential enforcement challenges.
Compare and contrast the assignment requirements for UK Registered Designs (RD) and Unregistered Design Rights (UDR).
Assignments for both RDs and UDRs must be in writing and signed. However, RDs, being registered and documented in an official database, include presumptions of ownership unless challenged. UDRs are not formally registered, so proving ownership and assignment can be more complex.
How does Crown use differ from standard licensing, and what scenarios might invoke it?
Crown use permits government use of a design without infringing on IP rights, primarily in situations involving national defence, health emergencies, or security needs. It overrides standard licensing terms and protects public interests by avoiding monopoly constraints.
Outline how portfolio management can account for budget constraints while maintaining critical design rights.
Portfolio management under budget constraints involves regular reviews to drop outdated or low-priority rights.
Strategic renewals focus on protecting valuable “crown jewel” designs, while tactical filings and careful market analysis ensure effective resource allocation.
