Designs Flashcards
List the design rights
UKRD
UKRRD
UKUDR
CCUDR
SUDR
CRD
CUDR
What features can UKRD/CRD Protect?
Appearance of the whole or part of a product, including ornamentation
* lines
* contours
* colour
* shape
* texture
* materials
What products can be protected by a CRD/UKRD
any industrial or handicraft item other than a computer program
* packaging
* get up
* graphic symbols
* type-faces
* parts for complex products
CRD/UKRD excluded subject-matter
- features solely dictated by technical function
- complex products unless visible in normal use
- Must fit features
CRD/UKRD requirements
- registration
- new
- individual character
CRD/UKDR “new” definition
newif no identicaldesign, or nodesignwhose features differ only inimmaterialdetails, has been made available to the public before the date of the application for registration
CRD/UKDR excluded disclosures
- publication would not be known in the normal course of business to those in the UK/EEA and specialising in the sector concerned
- confidential disclosure
- disclosed by designer/successor/abusive during the previous 12 months
CRD/UKDR “individual character” definition
overall impression on the informed user differs taking into account the degree of freedom available to the designer
CRD/UKDR Duration
25 years from filing date
Renewable every 5 years
CRD ownership
Employer > Designer
UKDR ownership
Employer > [Commissioner*] > Designer
*pre 1/10/2014
CRD/UKDR Priority Period
6 months (no internal priority, claim at filing or within 1 month)
CRD/UKDR infringement
MU OI Stock products of the same overall impression to the informed user
Copying is not required
CDR/UKDR infringement defences
PRETTIES
- Private non-commercial use
- Repair of complex products
- Experimental purposes
- Teaching
- Temporary ships/aircraft in UK territory
- Invalidity
- Exhaustion EEA
- Secret Prior use
Secret Prior Use Applies?
Yes: CDR, UKRD from 1.10.2014
No: UKRD pre 1.10.2014
CUDR/SUDR/UKUDR Protects
- Design of article
- Any aspect of shape or configuration
- Whole or part
- Internal or external
- does not need to be visible
CUDR/SUDR/UKUDR Requirements
- No need for registration
- Arises automatically at creation, no requirement to be new
- must have originated with the designer
- not commonplace design in the field in question at the time of its creation (within EU/UK and reciprocal countries from 1/10/2014)
CUDR/SUDR/UKUDR Excluded subject matter
- mere surface decoration
- Must fit
- must match
- methods/principles of construction
CUDR/CCUDR/SUDR Duration
3 years from disclosure
SUDR for disclosures on after 1 Jan 2021, CCUDR for before
CUDR/SUDR ownership
Employer > Designer
UKUDR ownership
- 1st qualifying employer > 1st qualifying designer > 1st qualifying marketer in UK
- where there is shared creation, only qualifying persons take ownership
CUDR/SUDR/UKUDR infringement
Must be a result of copying
CUDR/SUDR/UKUDR infringement defence
No copying (burden is on the defendent)
CDR/UKDR Invalidity
- not registrable (not new/individual character)
- not entitled
- use of earlier distinctive design from an objecting 3rd party
- unauthorised use of copyrighted work from objecting 3rd party
UKUDR duration
earliest: end cy design made + 15y / end cy articles first made available + 10y
UKRD “qualified person” definition
citizen/habitual resident/substantial business in UK/ reciprocal countries (HK, NZ)
not US, JP, EU
CN design law
Hague member
15 year term from filing
6m grace period, but only for certain exhibitions
Deferment
UKRD - 12m from filing (request at filing, subsequent request publication before w12m filing)
CRD - 30 months from priority (request at filing, subsequent request publication w27m priority, no reminder)
