Protecting designs- 1.10

Question 1

Art and design work is considered what?

Answer 1

Intellectual property, meaning that the ideas or creations are owned by the creator/artist

Question 2

what do we mean by intellectual property?

Answer 2

That the creation, idea or design is entirely owned by the artist/creator

Question 3

what can designer’s intellectual property be protected by?

Answer 3

copyright , design rights, patents, trademarks, and by registering designs

Question 4

how can protection for intellectual property be sourced?

Answer 4

Some protection is automatic and free, but better protection can be gained by paying a fee and registering work

Question 5

what can protection help with?

Answer 5

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

Question 6

what does the copy right symbol include?

Answer 6

the designers name and the year that the design was created

Question 7

what does copyright protect against?

Answer 7

Copyright protects work so that others cannot use it without permission

Question 8

How long does the copyright for artistic work last?

Answer 8

It lasts entirely whilst the artist is alive and a further 70 years after the artists death

Question 9

what happens if a designer wishes to sell or allow others to use their work?

Answer 9

the artist can license the copyright and make an agreement between them and the person who wants to use it

Question 10

what are design rights?

Answer 10

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

Question 11

How do you get design rights for your work?

Answer 11

The creator/designer will sign and date copies of their design drawings and will get them verified by a solicitor

Question 12

how long is a textile design protected automatically by design rights?

Answer 12

15 years after the creation of the design or 10 years after the design was first sold

Question 13

what is a patent used for?

Answer 13

Used to protect something new and inventive- this type of protection is not intended for aesthetic, creative or artistic work

Question 14

what does a patent protect against?

Answer 14

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

Question 15

how does a designer get a patent?

Answer 15

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

Question 16

how long does it take to get a patent for an inventive design?

Answer 16

Usually around 5 years,which makes it incredibly difficult for inventors to receive

Question 17

how long does a patent last?

Answer 17

20 years but the patent has to be renewed every year

Question 18

what can a designer protect?

Answer 18

The shape, decoration and appearance of a product- they can do this by registering a design

Question 19

what happens when a design is registered?

Answer 19

A number is allocated to the design and if appropriate, this number can even be displayed on the product

Question 20

for a design to be registered what must it have/be?

Answer 20

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

Question 21

how long is a design protected for under registration?

Answer 21

it can last up to 25 years, however, the registration needs renewing every five years

Question 22

what is a trademark?

Answer 22

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.

Question 23

what are hallmarks?

Answer 23

a mark stamped on a product to show it’s origin and to show that it is a genuine item

Question 24

what is an emblem?

Answer 24

A symbol, sign or design used as an identifying mark

Question 25

how often do trademarks need to be renewed?

Answer 25

every 30 years

Question 26

what symbol will you see if a design is not registered?

Answer 26

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

Question 27

what symbol is used to show that a trademark is registered?

Answer 27

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

Question 28

what is trademark infringement?

Answer 28

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

Question 29

what is an example of trademark infringement?

Answer 29

Luxury fashion brands often have their designs stolen and copied and made into cheap versions,which are usually sold on the street

Question 30

what are logos?

Answer 30

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.

Question 31

what is an example of logos associated with companies?

Answer 31

The orb symbol is commonly associated with the designer Vivienne westwood

Question 32

the logo is a visual identity…

Answer 32

and must be recognisable because it is used on company products, packaging, advertising, promotional material and stationery