Protecting Designs and Intellectual Property

Question 1

What is Intellectual Property (IP)?

Answer 1

IP is something unique that you PHISICALLY create. It is necessary a physical format of some kind. Ideas alone do not count as IP. Examples: a book, a handbag etc).

It can be up to 70% of the business value

Question 2

What are Intellectual Property Rights (IPR)?

Answer 2

It is what you protect IP with.

Question 3

What types of IPR exist?

Answer 3

Copyright
Patent
Unregistered Design Rights
Registered Design
Trademark
Logo
Open Design

Question 4

What is Copyright?

Answer 4

It is a legal protection for work such as books, photos, drama, music, films, TV Programs, Software.
It allows management of permission for others to use work (eg licensing photos for use in books).
It is automatic, no fee is needed

Question 5

How long is copyright valid for?

Answer 5

The UK Copyright, Design and Patents Act 1988 provides cover for most works for 70 yrs after the death of the creator

Question 6

What are Unregistered Design Rights?

Answer 6

They provide legal protection up to 10 yrs after first sold or 15 yrs after creation.
They cover the appearance of a product not how it works.
Registration is not needed but ownership is hard to prove in a dispute

Question 7

What makes it easier to assert copyright?

Answer 7

Using the copyright symbol, metadata and watermarks on digital files
It is good practice to keep early sketches, recordings etc

Question 8

What are Patents?

Answer 8

They are a protection of how something works (they only apply to the working parts of a design)
The protection lasts for up to 20 yrs
It has to be a new idea

Question 9

Who grants Patents?

Answer 9

The Intellectual Property Office

Question 10

Issues with patents?

Answer 10

They are expensive and complicated to obtain

Question 11

What is needed to request a patent?

Answer 11

• It is essential that the invention is completely new or significantly improves an existing design
• detailed, labelled diagrams and clear descriptions are essential
• A patent attorney is often employed to check a patent prior to submission

Question 12

Example of legal conflicts over patents

Answer 12

• Dyson vs Hoover for dual cyclone
• Apple vs. Samsung for software features

Question 13

What are registered designs?

Answer 13

The offer legal protection for product appearance and decoration, not working parts

Question 14

How are designs registered and for how long?

Answer 14

Up to 25 yrs by submitting illustrations and a fee to the IPO

Question 15

What type of protection to Trademarks offer?

Answer 15

They give legal protection for brand identity and facilitate marketing.

Question 16

What are Trademarks?

Answer 16

A recognisable combination of words, sounds, colours and logos is important for companies. They may incorporate graphics but can also only be words (eg. “dual cyclone”)

Question 17

How do you get trademarks?

Answer 17

Make application and pay a fee

Question 18

How long do trademarks last for?

Answer 18

They can be renewed every 10yrs, so can last forever

Question 19

What is the symbol for Trademarks?

Answer 19

R

Question 20

What is a logo?

Answer 20

A graphical symbol

Question 21

What is meant by open design?

Answer 21

It is an altruistic approach to design intended to realise products and systems for the common good
It rejects the use of IPR and encourages collaboration and sharing
Many initiatives are internet based and involve free open source software

Question 22

Examples of Open Design

Answer 22

• RepRap Prusa i3 is a 3D printer that can be made from freely available 3D part files
• Practical Action: an organisation promoting “technology justice” to challenge poverty in developing countries by producing copiable designs for projects such as water pumps, water purification systems etc
• Fairphone open source software based easily upgraded and repaired mobile phone challenging the current trend of discarding mobile phones