Flashcards in DESIGNS Deck (41)
How many avenues of design protection are available in the UK and what are they?
UK Design right
UK unregistered design
UK Registered design
unregistered community design
Registered community design
What is a Design for the purposes of the act?
A design means the
APPEARANCE of the whole or part of a PRODUCT including
lines contours shapes colour textures or materials of the product or its ornamentation
What is a product for the purposes of the design act?
A product is any industrial or handicraft item including:
the packaging , getup graphic symbols, typefaces, and parts for assembly into a so called complex product
What is excluded from registered design protection
some symbols - national emblems - olympic rings (copyright)
Any feature who's form is dictated by its function (patent)
any part that must fit (mounting points, unless part of a modular system)
MUST MATCH NO LONGER EXCLUDED
What form is used for registering designs?
What is the criteria for a UK registered design?
The design must be NEW and have INDIVIDUAL CHARACTER
New in that it differs in more than immaterial details from previous designs that can reasonably become known within the EEA in the normal course of business in the sector concerned.
Individual character in that the OVERALL IMPRESSION given to the INFORMED USER differs from the prior art
What is taken into account when deciding individual character?
The degree of freedom available to the author in creating the design
What classification system is used by registered designs?
What is a complex product?
A product that can be assembled from two or more components
What are the novelty requirements for a UK registered design
A design that differs in less than immaterial differences must not have been made available to the public before the date of registration
The design must make a DIFFERENT OVERALL IMPRESSION ON THE INFORMED USER
The disclsclosure could not reasonably have become known within the EEA in the course of business by a specialist in the sector
The disclosure originated from the Author intentionally or as a consequence of abuse within 12 months of the filing date
The disclosure was made in confidence implied or contractual
what are the requirements for INDIVIDUAL CHARACTER for a
The design must make a different overall impression on the informed user?
Who owns a registered design?
The author (creator) of a design is the owner
The author is an employee and the design is created in the course of that employment.
What is the registration date of a registered design?
The filing date or the effective filing date?
if re-dated by modification that changed the individual character of the design i.e. changed the overall impression on the informed user.
what rights persist in a registered design?
The proprietor has the exclusive right to use the registered design and any design that does not form a different overall opinion on the informed user - taking into account the degree of freedom of the designer
what is using a design for the purposes of registered designs?
P utting on sale
S tocking - for any of the above
What acts infringe a registered design?
P utting on the market
S tocking the design for any of the above purposes
Private and non commercial
for teaching purposes - providing the source is credited AND the act does not prejudice the normal exploitation of the design
the use of equipment on foreign aircraft or ships registered in another country
importation of spare parts or accessories for servicing said ships and aircraft
Waht is the duration of protection of a registered design?
5 years from application
renewable for a further 5 years up to 4 times total 25 years
When can renewal fees be paid?
The renewal date is the 5th anniversary of filing.
upto six months before and one month after the renewal date with no renewal fee
from one month after until 6 months after you can renew with a late fee of £24 per complete month from the renewal date.
What will occur if a renewal fee is not paid
If the renewal fee is not paid in the 6 month extended period the design registration will expire.
Is it possible to bring back an expired registered design?
Yes a registered design that has expired can be restored up to 12 months from the point the design ceased to have effect (the 5th anniversary of the relevant period)
form DF29 is filed with the relevant fee
Supporting evidence is supplied that the missed renewal was unintentional
how many views can be included in an application for a UK registered design?
how many views can be included in an application for a Comunity registered design?
7 +3 unprotected views
how long does registered design protection last in the US?
15 years no renewals
What is the grace period for a registered design application in the US?
12 months but only if filed
What is type of offence is infringing a registered design?
To INTENTIONALLY infringe a registered design is a CRIMINAL OFFENCE
If a restoration is refused what are the applicants options?
The applicant has 1 month from the date of the notification to request a hearing with the comptroller
What is the grace period for filing a registered design in the US?
12 Months but only if filed directly in the US or by PCT
What is the length of time you can claim priority under the paris convention for a registered design?