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).
How many times the Hague Agreement is signed?
The Hague Agreement Concerning the International Registration of Industrial Designs has been signed on November 6, 1925 and has been revised several times. Three Acts of the Hague Agreement are currently in force: the 1999 Act, the 1960 Act and the 1934 Act.
Who administers the Hague Agreement?
The Agreement is administered by the International Bureau of WIPO, in Geneva, and so far 60 countries adhered to one of its three Acts.
How does the Hague system work?
The Hague system works very much like the Madrid system for trademarks. In short, it offers the owner of an industrial design a means of obtaining protection in several countries (up to all countries which have signed the HA) by simply filing one application with the International Bureau of WIPO, in one language, with one set of fees in one currency (Swiss Francs).
Is filing an international application under the Hague Agreement open to everyone?
The possibility of filing an international application under the Hague Agreement is not open to everyone. To be entitled to file such an application, an applicant must satisfy one, at least, of the following conditions: be a national of a State party to the Hague Agreement, or have a domicile in a State party to the Hague Agreement, or have an habitual residence in a State party to the Hague Agreement, or have a real and effective industrial or commercial establishment in the territory of a State party to the Hague Agreement.
What are the options available for the applicant to file an international application under the Hague Agreement?
The international application must be filed in either English or French (at the applicant’s option) on an official form.
What is the role of WIPO under the Hague Agreement?
It must also be stressed that WIPO does not appraise or concern itself in any way with the novelty of the design and it is therefore not entitled to reject an international application on this, or any other, substantive ground. Substantive examination falls within the exclusive competence of the Office of each designated country.
How are photographs or other graphic representations of the designs submitted by the applicant?
The photographs or other graphic representations of the designs submitted by the applicant are published in the International Designs Bulletin, which is issued monthly via CD-ROMs and the internet.
What are the terms of the refusal of protection of Design under the Hague Agreement?
Each Contracting Party designated by the applicant may refuse protection within six months, or possibly 12 months under the 1999 Act, from the date of the publication of the international registration.
What is the term for protection of Design under the Hague Agreement?
The term of protection is five years, renewable for at least one five-year period under the 1960 Act, or two such periods under the 1999 Act. If the legislation of a Contracting Party provides for a longer term of protection, protection of the same duration shall, on the basis of the international registration and its renewals, be granted in that Contracting Party to designs which have been the subject of an international registration.
