Books On Designs Law, IPR Intellectual Property Rights, Copyright Law, Case Law
The main purpose of design law is to protect the design element of industrial production and to promote innovative activity in the field of industries. In 1842, George Bruce was awarded the first design patent for fonts.
What is a design under designs law?
The appearance of a product, the shape, color, texture, materials used and ornamentation. To qualify as a new design, the impression should be different from any existing design.
Who owns the design right under designs law?
The creator of the design owns any rights in it, the exception being where the work was commissioned or created during the course of employment, where the rights belong to the employer or the party who commissioned the work.
What are unregistered design rights?
Unregistered design rights are automatic and are treated
in the similar manner as copyright.
Unregistered design rights protect the shape or configuration of a marketable product. Unregistered design rights prevent unauthorised copying of an original design. Design rights can be traded in a similar manner to copyright.
The copyright protects documents detailing the design as well as any artistic or literary work incorporated within the finished product and the design right focuses more on the shape, construction and configuration of a product.