Module 6 Flashcards
What is “Design”?
Design is to design a design to produce a design
What are the outcomes of Design?
- They may relate to things.
- They may relate to places and environments for a living, working, playing and learning.
- They may also convey messages and enable communication and interaction.
Which are kinds of designs protected under Intellectual Property?
registered, unregistered, design patent, orgamental design or model and as defined by a national law.
Why is legal protection of Design important?
Legal protection of design is important to competitive economies, as it may play a reward and incentive function.
What is the motive behind design protection?
When an industrial design is protected, the owner – the person or entity that has registered the design – is assured an exclusive right against unauthorized copying or imitation of the design by third parties.
What does effective use of design contribute?
Effective use of design and its protection as industrial design will add value to a product and enhance the competitiveness and position of the business in the market. Many companies have successfully redefined their brand image through strong focus on product design.
In the Samsung Case study, how is the design given importance?
In 1995, the company set up the Innovative Design Lab of Samsung, an in-house school where promising designers could study under experts from the Art Center College of Design in Pasadena, Calif., one of the top U.S. design schools. Samsung designers were dispatched to Egypt and India, Paris and Frankfurt, New York and Washington to tour museums, visit icons of modern architecture, and explore ruins. To make sure designers get heard, Samsung has created the post of chief design officer – something few other companies have bothered to do. And to make sure top executives attuned to the importance of the issue, CEO Yun holds quarterly design meetings where the chiefs of all the business units review new products and evaluate their designs.
What are the sources of law for Design?
- International
- National
- Regional
What are the two International treaties adopted for the Design protection?
Paris convention of 1883 and the Berne Convention of 1886,
When was the Hague Agreement for Design signed?
The Hague Agreement on the International Registration of Industrial Design - in 1925.
What is the Role of IG of WIPO?
Under the IG’s of WIPO, some proposals with respect to further procedural harmonization of national design laws in a form of the design law treaty are discussed and elaborated.
How does Paris Convention deal with Design?
It contains many important provisions related to design.
What are the important provisions for the Design under the Paris Convention?
- Art. 1(2) PC names «industrial designs» as a part of an industrial property
- Art. 4.A(1) PC grants to all nationals of member States a right of priority.
- Art. 5 PC states that «industrial designs shall be protected in all the countries of the Union.
What are the important provisions for Design under the Berne Convention?
- Art. 2(1) BC includes «works of applied art» within the broader category of «literary and artistic works» to which the Convention applies.
- Art. 2(6) BC states that «the works mentioned in this Article shall enjoy protection in all countries of the Union»,
- Art. 2(7) BC authorizes member States to establish freely the extent of the application of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected
What is the contrary effect of art 2(7) of the Berne Convention?
To the contrary, if a member State denies copyright protection to industrial designs and protects them exclusively through a special regime, its own nationals may not receive copyright protection abroad (just like they don’t receive it in their homeland).