Re: Poor Man's Copyright---British style???

Jack <"invention4u"@[EMAIL PROTECTED]> wrote in 
news:[EMAIL PROTECTED]:

> Tim Jackson wrote:
>> 
>> Jack <"invention4u"@[EMAIL PROTECTED]> wrote on Sat, 29 Nov
>> 2003 01:20:04 +0100.... 
>> > under US patent law, you can get patent issued for a design.
>> [...]
>> > Are you suggesting that there is no need to file design patent
>> > application ? 
>> 
>> Not at all.
>> 
>> "Design patent" is a US name.  But this thread is about the UK, not the
>> US.  In the UK, we don't call them design patents.  We call them
>> registered designs.  Same thing, just a different name. 
> 
>> 
>> So, please re-read my previous post.  I said:
>> 
>> [quote]
>> If you want a rather stronger registered right, however, look at
>> registered designs ...
>> [end quote]
>> 
> 
> exactly, but you also said:
> "
> As you've already said, design right arises automatically.  Like 
> copyright, it's free, with no registration, and in principle no need to
> do anything. 
> "
> 
> Does design right automatically arise under Copyright Law or under
> Patent Law ?
> 
> from webpage of UK Patent Office 
> http://www.patent.gov.uk/design/benefits/index.htm
> "
> Benefits of Design Registration
> 
> A registered design:
> 
>      provides the exclusive right to make, import, export, use or stock
> any product to which the design has been applied or is
>      incorporated, or to let others use the design under terms agreed
> with the owner, in the UK and the Isle of Man;
> 
>      gives the right to take legal action against others who might be
> infringing the design and to claim damages. The fact that a
>      design is registered may be enough to deter any potential
> infringement;
> 
>      is a financial asset whose value could increase;
> 
>      is a recognised intellectual property right which protects the
> design from being copied by competitors for up to 25 years;
> 
>      may be synonymous with branding of the company's products and
> image;
> 
>      in the UK may be the first step towards international protection. 
> "
> 
> Does it mean, that the suggested by you, automatically arisen design
> right 
> is not subject to international protection ?
> is not a financial asset ?
> gives no right to take legal action against others .....?
> doesn't provide an exclusive right to make ....... ?
> is not recognized as an intellectual property right ?
> doesn't protect the design from being copied by competitors ?
> 
> Does it mean that only registered design deserves special protection and
> is recognized as intellectual property right ?
> 
> 
> Jack
> 

There are two separate things here, i.e. design right and registered 
design. The latter is equivalent to a US design patent. I will let Tim 
explain the design right, as I am a little rusty on UK law.