Microsoft Word ip intellectual property rights doc

Assignment and licensing

Assignments and licenses are registerable.

UNREGISTERED DESIGN RIGHTS

Legislation: Copyright, Designs and Patents Act 1988

Protects the shape of an object  (ie does not 2 dimensional designs)

Examples: Lamps, toothbrushes, furniture.

Requirements:

Must be original ie not common place in the field of design

Person must be someone capable of acquiring U.K. design right (citizen of U.K., EU and

commonwealth)

Exclusions:

things that are common place in the field of design

things that must fit or must match

surface decoration

Duration:

The lesser of 15 years from creation/10 years from first marketing

Ownership:

designed by employee: employer is first owner

designed by commissioner: if payment made, belongs to commissioner

must be in writing and signed by or on behalf of the assignor

Protection:

design right notice on object (As with registered designs, there is a defence of innocent

infringement)

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keep prototypes or photographs