Designs Flashcards
What is the term of UKRDR?
25 years, renewable every 5 years
What is the term of CRDR?
25 years, renewable every 5 years
What is the term of CUDR?
3 years from date design first made available in EC
What is the term of UKUDR?
Shorter of: 15 years from end of year in which design was first recorded/made OR 10 years from end of year of first selling
When are licenses of right available for UKUDR?
Last 5 years.
Who is entitled to UKUDR?
A qualifying person
Who is a qualifying person for UKUDR purposes?
UK national/company or nations we have reciprocal arrangements with (e.g. NZ).
What is the hierarchy of qualifying persons?
Employer, designer, first marketer
What do UKRDR, CRDR, and CUDR protect?
Whole or part of a product, including packaging.
What does UKUDR protect?
Shape or configuration of whole or part of a product
What is the period for claiming priority from a design?
6m
Are grace/restoration periods applicable for renewal fees due on UKRDR/CRDR?
Yes - 6m grace period and 13m restoration
What are the subsistence requirements for UKUDR?
Original and not commonplace in design field
What is excluded from UKUDR protection?
Surface decoration, must fit, must match
What are subsistence requirements for UKRDR/CRDR/CUDR?
New and has individual character
What disclosures are not prejudicial for novelty of UKRDR/CRDR/CUDR?
- Those made in 12m grace period by designer/successor in title, or derived from designer, or abuse;
- Those not reasonably known in normal course of business in specialist sector; and
- Confidential disclosures.
Are components of complex products eligible for design protection under UKRDR/CRDR/CUDR?
Yes, as long as they are visible during normal use
What is excluded from protection under UKRDR/CRDR/CUDR?
- Features solely dictated by technical function;
- Must fit; and
- Contrary to morality.
How is individual character assessed?
Does it produce a different overall impression on the informed user? Degree of design freedom also considered.
What is primary infringement of UKUDR?
Copying a design
What is secondary infringement of UKUDR?
import, keep, sell, hire, offer
What is infringement of UKRDR/CRDR?
Use without consent of a design which does not produce a different overall impression.
What activities are infringement of UKRDR/CRDR?
Use, make, offer, importing and exporting
What are defences to infringement of UKRDR/CRDR?
private non-commercial use, experimental purposes, use/repair on ships/aircraft temporarily in UK, exhaustion of rights when put on market with proprietor’s consent
Are prior user rights available for UKRDR?
Yes, if serious and effective preparations made in good faith before priority date
