Protecting designs and intellectual property

• intellectual property (IP)


  a novel, physical creation that is entitles to protection for its originator in the form of copyright, design rights, patents, registered design or trademark
• intellectual property right (IPR)


  the legal protection of IP
• copyright

  - unregistered rights that protect original work such as books, photographs and plays

  - in most cases it lasts for 70 years after the death of the creator.

  - others have to be given permission to make use of it
• unregistered design rights

  rights that give automatic protection to prevent copying the appearance of a product.

  (does not cover how the product works)
• patent


  - the legal protection for inventions relating to the way in which the product functions

  - give inventors up to 20 years legal protection

  - can only patent a design which is completely new to previous versions.

  - complex searches made before application is accepted

  - keep work confidential before patent is successful
• intellectual property office (IPO)


  the official UK government body responsible for IP
• registered design

  a product whose appearance or decoration has been legally protected to counter copying
• logo

  a graphical symbol that often serves as an important element of a trademarked brand identity
• trademark

  a unique combination of words, sounds, colours and logos used for marketing, and the legal protection of brand identity
• open design


  - a design that has not been protected by IPR, so that it can be freely used and developed by others.

  - Open design is transparent, collaborative, and accessible to anyone interested in contributing or participating
• The copyright, designs and patents act 1988


  provides the appropriate legislation in the UK, and gives 70 years of cover to literary, dramatic, musical or artistic works including films, and 50 years to sound recordings
• © symbol

  - C in a circle

  - accepted copyright symbol for most types of work

  - used to follow up any infringements with legal action

  - symbol is accompanied by copyright holder
• Additional steps for proof of ownership

  - adding metadata (encoded information) and watermarks to digital images

  - keeping early drafts, sketches, recordings etc. to show the development of the piece of work

  - the incorporation of deliberate, unique modifications that can be cites in evidence such as slight alterations or addition in maps
• patent example: James Dyson


  had a battle with rival companies in order to protect his patented ideas, such as the dual cyclone incorporates in his range of vacuum cleaners
• patent submissions

  - made to intellectual property office (IPO)

  - expensive and complicated
• registering and rights of a trademark

  - register by making application and payment to the IPO

  - has to be renewed

  - enables legal action to be taken against counterfeiters

  - can use TM® symbol along side their brand

  - right to sell and license their brand