Industrial Design
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The document discusses industrial design registration. It states that a design protects the ornamental or aesthetic aspect of a product to make it appealing to consumers. It can cover the look of a product or packaging and notes examples like bottles, chairs, and store layouts. Registering a design provides exclusive rights to produce or sell that design for 25 years within a country. To register, a design must be novel and have individual character compared to previously known designs.
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Industrial Design
- 1. Siddharth
- 2. Industrial Design: A design is the protection of the ornamental or aesthetic aspect of a product A design makes a product attractive and appealing for the consumers Siddharth Sony Ericsson
- 3. What can be registered as a design? The look of the product or part of the product but Not the function or idea Siddharth
- 4. All kinds of products - being ugly or nice e.g. bottles, chairs, jewellery or appliances and Could also be the packaging, a homepage, the interior or setup of a shop e.g. McDonald’s layout Siddharth
- 5. Siddharth
- 6. Siddharth
- 7. Siddharth
- 8. A right to forbid others from producing, selling or importing the same products or products with the same look 25 years Rights cover nationally Siddharth
- 9. Condition 1 Novelty Completely new look on the market prior to filing but could have been shown up to 12 months before filing Siddharth
- 10. Condition 2 Individual character To have individual character a design: has to differ in various ways from the designs already known Siddharth
- 11. Siddharth Is 2 a Good or Bad Design if 1 is registered? 1 2
- 12. Siddharth Is 2 a Good or Bad Design if 1 is registered? 1 2
- 13. The rules for filing a design in the EU are the same as filing in Poland Unregistered design up to 3 years Registration & Publication fee - € 350 Started 1 April 2003 Siddharth
- 14. Hague Agreement - Cannot apply from Poland? National filing in other countries - Priority 6 months Siddharth
- 15. To have exclusive right Ban others from copying Certificate of ownership Design registration can be used in Court A better license position Design registration gives a broader protection than copyright Siddharth
Editor's Notes
- How could this telephone be protected?
- Companies spend time & money to make products “appealing to the eye” Not protection for a function (patent) or an idea - for instance combination of a coin-operated launderette and a café
- All kinds of products Not an aesthetic evaluation – could be ugly or nice - a bad taste coffee service can be registered if it meets certain demands Packaging Homepage-layout can be design protected -software may be protected by copyright Interior or setup of a shop -ex. McDonald -ex. B & O arrangement - the way they arrange loudspeakers etc. so that everything sounds/looks the best
- This shows the diversity of design registrations Butterfly Coffee service Toys Tent Strange-looking bicycle (not function! – ex. If bike can be folded-up, maybe it could be patented). Lollipop
- Love bench (a registration does not necessarily mean that the design is tasteful) Hi-fi equipment Appearance of a car Snack Glue pistol Alarm clock
- Standard house: Though we have the same legislation / legal grounds => Danish / Polish practice is different -DK practice: Not only protection for (standard) houses but anything with this design – ex. doll’s house, box for sweets etc. (unlike Polish practice) Table was refused because of lack of novelty -furniture / tables can be registered -but: it is normal that a table is square, has 4 legs, and it was possible to find other tables with square holes / it does not differ from what has been seen before = not new)
- Prohibits commercial use – private use is not forbidden -ex. OK to copy a chair for personal use (but not to produce and sell a copy) Principal rule: 5 x 5 years Exception: 3 x 5 years (special rule for parts specifically for repair of an original product, for instance spare parts for cars (component part of a complex product) Exeption in regard to the Community Design: 3 years for an unregistered design Registrations are national / territorial
- First condition - Novelty: -In principle: The design must never have been seen before in the whole world -However: ex. in principle an Australian design may destroy the novelty, but it will be impossible to know-In practice: A regional requirement – if the design appears to be new for an expert / a specialist in the area Grace period: Not destroying the novelty, if you or anyone with your consent have published the design within 12 months Priority: If you want to expand your design registration to cover other countries, it is possible to get up to 6 months priority from your first filing IMPORTANT: 1. Keep it a secret 2. If you want to show it to business partners: BE PRUDENT – maybe agree on a “Declaration of silence”
- Second condition: Individual character: has to differ from what is already known Example: A mobile phone that looks like a violin would be highly original. But the room is very crowded for designers of today. 50 years ago there were only two types of coffee pots. Now the designers have little space to operate in, since there are many varieties. No design protection if product can only look in one way – never found an example So: 1st examine if new… If yes => then examine if it has individual character (the overall impression an informed user gets differs from other designs)
- Christmas tree stand Bad design: Same overall impression (besides the first tree stand may have destroyed the novelty). -Though: different number of points on the star, different height of the tube -Both: Christmas tree stands, both stars, both having a tube -Conclusion: they give exactly the same overall impression, and if you don’t have them next to each other, you will not see the difference Note: It is not possible to register the idea behind this kind of product
- Kitchen roll imprinted pattern Bad design: Same overall impression -Likenesses: squares, X in the middle of the squares, dot between the squares -Differences: number of lines, small squares in the corners of the big squares When in the shop: nobody studies the pattern very closely / you don’t remember these differences => overall impression is the same The semantic meaning of words is not protected by design – are seen as ornaments
- Same rules for filing RCD (Registered Community Design):-novelty & individual character -12 months period Difference: Unitary character (covers all of EU) -drawback: condition of novelty is all of EU (if it lacks in one country, the application is refused) Special rule in EU: UCD (Unregistered Community Design): - 3 years of protection against copying – especially the fashion industry: “taste of the day” - may be more difficult to prove that you have an unregistered design right - only protected from exact copies (RCDs protect against anything that is “similar”) - anything can be protected with this 3 year period except spare parts - Remember 12 months, if you want the design to be a RCD Renewal fees: 1st 90, 2nd 120, 3rd 150, 4th 180. Community Design very popular since its introduction – many applications (statistics)
- Haag agreement is replaced by the Geneva Agreement (Ligner MP-systemet). Denmark & Poland not members of the Geneva Agreement (but DK will join the agreement soon)
- - The more successful a design, the higher its value to the company - Exclusive right – can stop others from copying - Design registrations are business assets that increase the commercial value of a company and its products - Broader protection than copyright: ex. standard house protects against doll’s house 2 things to remember: Novelty & individual character Trademark and Design? Advantage: TM may be renewed / lasts forever (ex.: Coca Cola bottle – is 3D TM, but bottles often hard to register as TM’s, therefore consider design) - Be aware: a TM registration may destroy the novelty of a design. Solution: design before TM, or within 12 months REMEMBER:Keep it secret as long as possible and be prudent (declaration of silence)