Protecting designs- 1.10 Flashcards
Art and design work is considered what?
Intellectual property, meaning that the ideas or creations are owned by the creator/artist
what do we mean by intellectual property?
That the creation, idea or design is entirely owned by the artist/creator
what can designer’s intellectual property be protected by?
copyright , design rights, patents, trademarks, and by registering designs
how can protection for intellectual property be sourced?
Some protection is automatic and free, but better protection can be gained by paying a fee and registering work
what can protection help with?
Protection can help with drawing up an agreement for others to pay to use the work and makes taking any necessary legal action more straightforward and simple
what does the copy right symbol include?
the designers name and the year that the design was created
what does copyright protect against?
Copyright protects work so that others cannot use it without permission
How long does the copyright for artistic work last?
It lasts entirely whilst the artist is alive and a further 70 years after the artists death
what happens if a designer wishes to sell or allow others to use their work?
the artist can license the copyright and make an agreement between them and the person who wants to use it
what are design rights?
these are rights that protect your unregistered designs and stops others from using them without your permission- you get protection automatically and you do not have to pay a fee
How do you get design rights for your work?
The creator/designer will sign and date copies of their design drawings and will get them verified by a solicitor
how long is a textile design protected automatically by design rights?
15 years after the creation of the design or 10 years after the design was first sold
what is a patent used for?
Used to protect something new and inventive- this type of protection is not intended for aesthetic, creative or artistic work
what does a patent protect against?
A patent protects an invention or how a product works, and prevents others from manufacturing, using selling or importing the new invention without the inventors permission
how does a designer get a patent?
The designer will need to apply for a patent, which can be quite difficult to get. It can usually take around 5 years to obtain and the application for the patent includes a lengthy description of the invention with diagrams to explain how it works
how long does it take to get a patent for an inventive design?
Usually around 5 years,which makes it incredibly difficult for inventors to receive
how long does a patent last?
20 years but the patent has to be renewed every year
what can a designer protect?
The shape, decoration and appearance of a product- they can do this by registering a design
what happens when a design is registered?
A number is allocated to the design and if appropriate, this number can even be displayed on the product
for a design to be registered what must it have/be?
The design must be the designers own original work with no offensive words or images and no protected flags or emblems included on the design
how long is a design protected for under registration?
it can last up to 25 years, however, the registration needs renewing every five years
what is a trademark?
A distinctive sign used to identify and promote a brand, product or organisation. it can include words, logos, colours and sounds, but must not contain offensive words or images, nor use official flags, hallmarks or emblems.
what are hallmarks?
a mark stamped on a product to show it’s origin and to show that it is a genuine item
what is an emblem?
A symbol, sign or design used as an identifying mark
how often do trademarks need to be renewed?
every 30 years
what symbol will you see if a design is not registered?
When you see the symbol Tm after a trademark, it shows that it has not been registered- using an unregistered trademark offers certain rights under common law, but registering a design offers the design more protection
what symbol is used to show that a trademark is registered?
The R symbol is used to show that a trademark is registered and protected against being used by others- it makes it more straightforward for designers to take legal action against counterfeits
what is trademark infringement?
The unauthorised use of a trademark, which is identical or similar to an existing trademark in a way that is likely to cause deception or mistake about the source of the product
what is an example of trademark infringement?
Luxury fashion brands often have their designs stolen and copied and made into cheap versions,which are usually sold on the street
what are logos?
graphic symbols or designs that are used alongside the name of the business- it is important that they are memorable and connect people with the products or services offered by the company.
what is an example of logos associated with companies?
The orb symbol is commonly associated with the designer Vivienne westwood
the logo is a visual identity…
and must be recognisable because it is used on company products, packaging, advertising, promotional material and stationery
