Protecting Design And Intellectual Property Flashcards
What is Intellectual Property
Intellectual property is something unique that you physically create. It could be an amazing invention, machine or medicine; a book, song or work of art; a business name or product design.
What does Intellectual Property help with
By protecting your intellectual property, it is easier to accelerate legal proceedings in the event you find someone attempting to steal or imitate your IP; known as an infringement.
What 4 ways are there of Protecting Design
- Copyright and Design Rights
- Patents
- Registered Designs
- Trademarks and Logos
(- Also Open Design)
Why is Protection for Intellectual Property good for a healthy creative industry
It encourages entrepreneurs and supports commercial research. That’s why an understanding of IP is important for people in lots of different careers. After all, if you spend the time creating, developing or discovering something, wouldn’t you want the credit for it?
What is Intellectual Property and what can be done with it
- An idea alone is not intellectual property. For example, an idea for a book doesn’t count, but the words you’ve written do.
- IP can be bought and sold – for example, when a large company buys a small company so it can own its discoveries.
- If properly managed, IP can amount to 70% of a business’s value.
- Some types of IP are automatic – like copyright for books, art, films, music etc – and some you have to apply for (like patents and trademarks).
Design Rights:
- How long does it last for
- What does it apply to
- How do you get it
- What does it stop people doing
How long does it last for:
Up to 10 years after first sold or 15 years after creation
What does it apply to:
Design rights only apply to the shape and configuration
How do you get it:
Automatic - though you’ll need proof of when you created a design.
What does it stop people doing:
Stops someone copying your design
Copyright:
- How long does it last for
- What does it apply to
- How do you get it
- What does it stop people doing
How long does it last for:
Creator’s life plus 70 years
What does it apply to:
Music, art, film, literary works and broadcasts
How do you get it:
Automatic - you don’t have to apply or pay a fee. There isn’t a register of copyright works in the UK.
What does it stop people doing:
Stops people:
- Copying your work;
- Distributing copies (free of charge or for sale);
- Renting or lending copies;
- Performing, showing, or playing it in public;
- Making an adaptation of it
- Putting it on the internet
Patents:
- How long does it last for
- What does it apply to
- How do you get it
- What does it stop people doing
How long does it last for:
Up to 20 years
What does it apply to:
The novel and unique feature or features of an invention
How do you get it:
Apply to the Intellectual Property Office (IPO).
What does it stop people doing:
- Can protect your invention
- Gives you the right to take legal action against anyone who makes, uses, sells, or imports it without your permission.
Registered Designs:
- How long does it last for
- What does it apply to
- How do you get it
- What does it stop people doing
How long does it last for:
Up to 25 years
What does it apply to:
A product’s shape and decoration
How do you get it:
Register with the Intellectual Property Office (IPO).
What does it stop people doing:
- Gives you the right to prevent others from using g it for up to 25 years - you have to renew every 5 years
- Makes taking legal action against infringement and copying more straightforward
- Once registered you can display your registration number on your design.
Trademarks:
- How long does it last for
- What does it apply to
- How do you get it
- What does it stop people doing
How long does it last for:
Can last forever
What does it apply to:
Brand Identity, e.g words, logos, sound, colours
How do you get it:
Register with the IPO.
What does it stop people doing:
- Take legal action against anyone who uses your brand without your permission, including counterfeiters;
- Put the ® symbol next to your brand - to show that it’s your and warn others against using it;
- Sell and licence your brand
What is Open Design and how does it work
Open design is a approach to designing and manufacturing which operates outside the protection of patents and other types of IP. People opt to develop physical products, machines and systems that can be freely accessed by everyone. Developing these for the common good of society, rather than for financial gain.
Example of an organisation promoting Open Design
Practical Action is an organisation promoting ‘technology justice’ to challenge poverty in developing countries, by producing freely copiable design for life-improving projects such as water pumping and purification systems, ploughs and aerial ropeways.
Example of a product with encompasses all 4 main types of Intellectual Property Rights
Bic® Atlantis® Pens
How are Bic® Atlantis® Pens protected by a
- Patent
- Registered Design
- Trademark
- Copyright
Patent:
Incorporates licensed Laszlo Biro ball ink delivery system.
Registered Design:
The ‘S’ curve, barrel shape and other aesthetic features.
Trademark:
The Bic® and Atlantis® names are both registered.
Copyright:
All text on the packaging, such as safety instructions
