Designs Flashcards
With regards to UKUDR, what is a “design”? (2 points)
- The shape or configuration (whether internal or external) of the whole or part of an article.
- According to case law, that “configuration” includes the relative arrangement of parts or elements.
What is the relevance of UKUDR subsisting in “part of an article”? (2 points)
- Any article thus embodies not just one but an infinite number of designs.
- Parts of a design are concrete parts, which can be identified as such.
According to s.213(3), what things are excluded from UKUDR? (4 points)
- Method or principle of construction
- Must-fit exclusion
- Must-match exclusion
- Surface decoration
What is the “must-fit” exclusion and why does it exist? (3 points)
- Features of a shape or configuration which enables it co-operate with another article so that either article may perform its function
- Intended to prevent suppression of spare parts trade
- Only applies to the point of fixture (ex. the point where an exhaust pipe’s point of fixture to a car is NOT protection)
What is the “must-match” exclusion (3 points)
- Feature of a shape or config. of an article that are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part
- Aimed at spares (such as car panels) which must be replaced keeping the original appearance.
- Would replacing that part cause a “radically different” appearance to the rest of the product
What counts as a “surface decoration” for the purpose of the s.213(3) exclusion (2 points)
- Not necessarily limited to 2D surface features but may include features standing out from a surface
- Surface features with a significant function are not “surface decoration” - they form part of the design
For UKUDR, a design must be original. What does this mean in this context? (2 points)
- “original” means not slavishly copied from an earlier design (Farmers Build v Carrier Bulk)
- changes to an existing design which are “minor and localised” do not give rise to “a new originality” in the design as a whole - just in the new parts
For UKUDR, a design must NOT be commonplace? What does this mean in this context? (4 points)
- Commonplace in qualifying countries only (UK & territories, Hong Kong and New Zealand)
Test (Farmers Build v Carrier Bulk Material)
- Compare with other articles in the same field at the date of its creation
- Filter out functional design constraints and exclusions
- Compare similarities and differences
What criteria/qualifications need to be met for a person to be eligible for UKUDR?
Design right can only be conferred to a qualifying person
What is a “qualifying person”? (3 points)
An individual habitually resident in a qualifying country, or
a body corporate or other body having legal personality which—
- is formed under the law of a part of the UK or another qualifying country, and
- has in any qualifying country a place of business at which substantial business activity is carried on
Under the RDA, when is a design considered “new”
Under Section 1B RDA a design is new if no identical design or no design whose features differ only in immaterial details has been made available to the public before the relevant date.
Under what conditions are a design considered “available to the public” generally. (3 points)
A design is considered made available to the public under Section 1B(5) RDA if:
- it has been published (whether following registration or otherwise),
- exhibited, used in trade
- or otherwise disclosed
A design will not be considered as being made “available to the public” on what condition (s.1B(6) RDA) - 4 points
- it could not reasonably have become known before in the normal course of business in the UK and EEA and in the sector (of the disclosure) concerned;
- It was disclosed in confidence (expressed or implied)
- It was disclosed by the designer within 12 months from the priority/filing date
- It was disclosed by anyone given, entitled to, or abusing information from the designer within 12 months from the priority/filing date
