Flashcards
Design rights
Cards in this deck (14)
- 1Design.
- 2What does design right protect?The appearance of a product or part of a product.
Internal or external shape or configuration of an original design. - 3Why licence out?- Reduce own investment risk
- Specialisation, e.g. focus on research
- Faster market introduction
- Faster return on investment
- Transportation of products is difficult
- Legal hinder, ex. ban against foreign ownership - 4What negative aspects are there to licensing out?- Risk for future competition for the licensee
- Limitations of licensor's freedom to operate in countries covered by the licence.
Lower total return on investment then by direct sales. - 5Give som examples on what can be protectedPackages, icons, fonts, web interface, printed circuit board, etc.
- 6When is a spare part protectable?only if part, once incorporated into the complex product (e.g. a car), remains visible during normal use of the latter and visible features are new and have individual character.
- 7How long can you have a registered design protection and how do you get it?Up to 25 years, renewal with fees every five years.
Acquired through registration at OHIM or at the Swedish patent office PRV - 8How long can you have an unregistered design protection and how do you get it?3 years, acquired automatically when work is published.
- 9When is a design registration application published?Directly after registration or, if requested directly in the application, up to 30 month determent.
- 10What should a design protection application include?Indication of product
Design class
Attache images - 11What will be checked when applying?- Formal requirements
- Substantive examination - 12What will not be checked by the examination office?If the design is new, that is up to the owners of the already registered designs
- 13What cannot be design?- A technical function
- design of interconnections - 14How can you test for infringement?1. side by side test - comparing the alleged infringement design with the registered design in a side-by-side comparison in order to determine wether one is an obvious imitation of the other.
2. the imperfect recollection test - the alleged product and the registered design might not always be sold or viewed side by side. The court may therefore also compare design as if they had been viewed at different times.
3. The actual usage test - determines wether the alleged infringing design and the registered design look similar when the articles carrying the design are in use.
Information
- Description
- Tentaplugg (Patent och annan immaterialrätt) Flashcards on Design rights, created by Julia Petersson on 15/03/2017.
- Created by
- Julia Petersson
- Views
- 2
- Rating