Protecting Designs and Intellectual Property Flashcards
CH24
What is Intellectual Property (IP)?
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
What are Intellectual Property Rights (IPR)?
It is what you protect IP with.
What types of IPR exist?
Copyright
Patent
Unregistered Design Rights
Registered Design
Trademark
Logo
Open Design
What is Copyright?
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
How long is copyright valid for?
The UK Copyright, Design and Patents Act 1988 provides cover for most works for 70 yrs after the death of the creator
What are Unregistered Design Rights?
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
What makes it easier to assert copyright?
Using the copyright symbol, metadata and watermarks on digital files
It is good practice to keep early sketches, recordings etc
What are Patents?
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
Who grants Patents?
The Intellectual Property Office
Issues with patents?
They are expensive and complicated to obtain
What is needed to request a patent?
- 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
Example of legal conflicts over patents
- Dyson vs Hoover for dual cyclone
- Apple vs. Samsung for software features
What are registered designs?
The offer legal protection for product appearance and decoration, not working parts
How are designs registered and for how long?
Up to 25 yrs by submitting illustrations and a fee to the IPO
What type of protection to Trademarks offer?
They give legal protection for brand identity and facilitate marketing.
What are Trademarks?
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”)
How do you get trademarks?
Make application and pay a fee
How long do trademarks last for?
They can be renewed every 10yrs, so can last forever
What is the symbol for Trademarks?
R
What is a logo?
A graphical symbol
What is meant by open design?
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
Examples of Open Design
- 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
