intellectual property rights

Introduction

The following is a brief and cursory introduction to the various forms of intellectual property protection which may be accorded to you in relation to your designs. As always, it is advisable for you to seek proper independent legal advice concerning your specific situation.

Registered Designs - Protection of Shape/Configuration

The law of Registered Designs serves to protect your design as a shape, configuration, pattern or ornament applied to an article by an industrial process. Simply put, the law of Registered Designs serves to protect the visual appearance of your design. Registering your design is a very effective way of informing other designers/third parties of your protected works; in addition, it confers the right to prevent others from using your design without your permission.

Depending on the relevant jurisdiction, in order for your design to satisfy the requirements of registration, you should ensure that your design is

• new - that is, your design has not been previously published or disclosed anywhere else); and
  
• capable of industrial process - that is, more than 50 copies of the article have been or are intended to be produced for sale or hire.

Depending on the relevant jurisdiction, a registered design can last for a maximum period of fifteen years. Once registered, your design may be commercially exploited with the reassurance of ownership rights and is capable of being assigned, mortgaged, licensed etc.

Patents - Protection of Inventions/Ideas

On a general level, the law of patents serves to protect novel or new inventions, products and processes which usually bear some form of utilitarian function. As an example, if your design is that of a table which is purely esthetic in nature (and does not include any new uses of an otherwise ordinary table), then filing a patent is probably NOT advisable.

However, you might want to consider the option of filing a patent in relation to your design if your design bears some form of utilitarian function, process or method that may be entirely novel or new. As an example, if the study lamp that you are designing also encompasses an entirely novel way of illumination whilst saving energy, and if the idea is one that nobody else has probably conceived/developed before, then filing a patent might be an option.

The filing of a patent is generally more complex and therefore, usually more costly than filing your registered design. Depending on the relevant jurisdiction, if your patent is granted, you would be given a monopoly on your idea/invention for a maximum of twenty years, and over this period, to commercially exploit it through licensing, manufacture, marketing, selling etc.

Copyright

The law of copyright serves to protect specific types of works, including (but certainly not limited to) the following:

• literary works (eg. written works, books, song lyrics, the source code of computer programmes);
  
• artistic works (eg. sculptures, drawings, paintings and the like).

Generally, and depending on the relevant jurisdiction, you would automatically have copyright over any of the drawings, design sketches and specifications created by you without any need for you to register such copyright. However, if these works were created by you whilst under the direction and employ of an employer and using the employer’s equipment and premises, then such employer would bear copyright ownership instead.

Always Seek Legal Advice

Intellectual Property law is a complex area of law, and it is always advisable to seek legal advice concerning the most appropriate and most cost-effective means of obtaining proper protection for your designs. At the end of the day, you would have probably spent considerable time, resources and effort in the conception and development of your design and it is only right that you seek appropriate protection for your creative efforts without having to spend too much money.

Seek the advice of a reputable law firm within your jurisdiction/country (or within such other jurisdictions that you may wish to exploit your design/invention). This brief cannot serve as a substitute for proper advice.

red dot design award

Participating in the competition does not compromise your intellectual property rights. This is because there is sufficient time between knowing the result and the announcement to file for protection of the winning concepts before it is announced to the public.

The adjudication process takes place in July and all winners will be notified not later than the first week of August 2007. A concept that does not win is not announced and remains anonymous to the public. Only winning concepts will be revealed during the award gala and celebration in November 2007. Hence, winners have at least 3 months to file for protection.