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

Jack <"invention4u"@[EMAIL PROTECTED]> wrote on Sat, 29 Nov 
2003 03:42:05 +0100....

[snip]
> Does design right automatically arise under Copyright Law or under
> Patent Law ?

Neither.  It is separate from both of them.  (Though in the UK it is 
governed by an umbrella law, the Copyright, Designs and Patents Act 
1988.)

You quote a page from UK Patent Office website, about the benefits of 
*registered* designs.  However, there is also a separate section of the 
same website, about the *unregistered* design right.  See the link given 
in an earlier post by Chris Torrero.  Please read it; you will find the 
answers to your questions there.

One difference between the unregistered design right and a registered 
design is that a registered design lasts for a longer lifetime (if you 
keep paying the renewal fees).

[snip]
> 
> Does it mean, that the suggested by you, automatically arisen design
> right 
> is not subject to international protection ?

When it was first introduced in the UK by the 1988 Act, there was nothing 
similar in any other country.  Thus, the link given by Chris says "design 
right is effective only in the United Kingdom".

Recently, though, the European Union has enacted a somewhat similar 
unregistered design right (but with an even shorter lifetime).  
Eventually, after Poland joins the EU, I believe you will have it too.

But there's nothing similar in most other countries, such as the USA.  
And the citizens of most other countries do not qualify for UK design 
rights.

> is not a financial asset ?

As stated in the link given by Chris, "A design right is property that, 
like any other business commodity, may be bought, sold or licensed."

> gives no right to take legal action against others .....?

As stated in the link given by Chris, "The design right owner has the 
right to take civil action in the courts, seeking damages, an injunction 
or any other relief available for the infringement of a property right".

> doesn't provide an exclusive right to make ....... ?

As stated in the link given by Chris, "Design right is not a monopoly 
right but a right to prevent copying".

So if someone else makes the same design independently from you, without 
copying, then a registered design would still protect you but the 
unregistered design right doesn't.

Furthermore, as also stated in the link given by Chris, "During the final 
five years, anyone will be entitled to a licence to make and sell 
products copying the design."  (They will have to pay you a reasonable 
royalty.)

> is not recognized as an intellectual property right ?

As stated in the link given by Chris, "Design right is an intellectual 
property right which applies to original, non-commonplace designs of the 
shape or configuration of products."

> doesn't protect the design from being copied by competitors ?

It does prevent the design from being copied by competitors, as stated in 
one of the above quotes from the link given by Chris.

> Does it mean that only registered design deserves special protection and
> is recognized as intellectual property right ?

See above.

-- 
Tim Jackson
[EMAIL PROTECTED]
(Change '.invalid' to '.co.uk' to reply direct)
Absurd patents: visit http://www.patent.freeserve.co.uk