Flashcards
Design Right
Cards in this deck (8)
- 1Design right can exist inthe shape or configuration of all or part of a product
- 2Exclusions- 'Must fit': Features required to cooperate to perform object's function.
- 'Must match' - aesthetically dependent upon another article that the object forms integral part of
- Surface decoration
- Method or principal of construction
- Cannot contain protected symbols i.e. national flags + olympic symbol - 3A design qualifies for right if- Original - i.e. not commonplace in relevant field within qualifying country
- Can only be conferred to a qualifying person
- Must be recorded - 4Ownership- Qualifying Designer (if only 1 qualified then right goes to him only)
- Qualifying Employer (if joint employers and only 1 qualified then right goes to him only)
- Authorised qualifying person who markets
If employee QP but employer not, no DR available - rights do not transfer automatically - 5Qualifying person- Resident of QC
- Government of QC
- Business formed in QC having substantial activity within a QC
QC: All EU member states, UK protectorates, NZ, HK - 6Qualification by first marketing- If no DR by designer or employer
- DR available to QP who is EXCLUSIVELY authorised to market design in QC and subsequently does so
- Authorisation must be by person who would have had DR if QP - 7Infringement- Exclusive right to reproduce design for commercial purposes
- Reproduce means copying to produce articles exactly or substantially according to design
- Primary infringement = copying without permission
- Can independently create! Must prove copying.
- Infringer must prove that copy made when expired
- Secondary infringement = importing, keeping, sell, hire, offers an article they known or have reason to believe is infringement without permission
- Exhaustion of rights in EU applies
- Can infringe by authorising e.g. subcontracting
- Remedies similar to patents e.g. damages, injunctions, delivery up - 8Duration15 years from end of calendar year in which design recorded
or
If design sold or hired within 5 years, then 10 years from the end of the calendar year in which that occurred.
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- FD1 Flashcards on Design Right, created by M John on 12/09/2017.
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- M John
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