Week 10 Protecting Design & Intellectual Property PDF

Learning Outcomes By the end of this lesson you should have developed a knowledge and understanding of: The importance to the designer of copyright and design rights, patents, registered designs, trademarks and logos. 1.10 Protecting Design and Intellectual Property Worksheets As we go th...

Learning Outcomes By the end of this lesson you should have developed a knowledge and understanding of: The importance to the designer of copyright and design rights, patents, registered designs, trademarks and logos. 1.10 Protecting Design and Intellectual Property Worksheets As we go through the slides, answer the questions on the worksheet. 1.10 Protecting Design and Intellectual Property Intellectual property (IP) refers to creations of the mind. It is a novel idea that is turned into a physical creation that did not exist before, such as a book, a film or a car design. Novel ideas can be protected with intellectual property rights (IPR). Some rights are automatically given when work is created, for example copyright; others have to be applied for and paid for, for example a patent. IP disputes are more easily resolved if a designer’s work is properly protected. Key term Intellectual property (IP): ideas, artistic work or physical reactions that are entitled to protection for the originator in the form of copyright, design rights, patent, registered design or trademark. intellectual property rights (IPR): the legal protection of IP. 1.10 Protecting Design and Intellectual Property Copyright and Design Rights Copyright legally protects the use of a designer’s artwork, illustrations or photographs once it has been physically expressed. To copyright work, and assert ownership, the designer adds the © symbol, their name and the date to the work. Copyright law sets out the rights of the owner and manages the permissions to use copyrighted work, for examples licences that can be drawn up for others to pay to use the work. The UK Copyright, Designs and Patents Act 1988 provides cover for most works for 70 years after the death of the creator. Key term Copyright: unregistered rights that protect original works such as books, plays, artwork, illustrations or photographs. 1.10 Protecting Design and Intellectual Property Copyright and Design Rights Textile designs are automatically protected by the design right for 15 years after creation and for 10 years after it is first sold. It is not necessary to register the design right, but ownership is hard to prove if designs are unregistered. To register the design right, copies of early drafts, designs, and design modifications are signed and dated by the designer and verified by a solicitor, who keeps them as proof of ownership. Key term Design right: gives automatic protection to the appearance of a product but provides only some legal protection for designers to stop unauthorised copying. Don’t focus only on copyright; remember that there are lots of different IPR’s designers can use to protect their designs and intellectual property. 1.10 Protecting Design and Intellectual Property Registered Designs and Patents Registered Designs offer legal protection for a product’s shape, appearance and decoration. Designs can be registered for up to 25 years by submitting illustrations and a fee to the Intellectual Property Office. It is not necessary to register the design right, but ownership is hard to prove if designs are unregistered. To register the design right, copies of early drafts, designs, and design modifications are signed and dated by the designer and verified by a solicitor, who keeps them as proof of ownership. Key term Registered Design: legal protection for a product's appearance or decoration to stop unauthorised copying. Intellectual Property Office (IPO): the official UK government body responsible for IP. 1.10 Protecting Design and Intellectual Property Registered Designs and Patents A patent prevents others from manufacturing, using, selling or importing the new invention without the inventor’s permission. To apply for a patent, inventors have to submit detailed labelled diagrams and clear descriptions to the IPO. Patents provide up to 20 years’ legal protection but are expensive and complicated to obtain. In order to be awarded a patent, a new creation or invention needs to be useful and original. Patents are not meant for aesthetic, creative or artistic work. Patents apply only to the working parts of a design. Key term Patent: legal protection for inventions relating to the way in which a product functions. 1.10 Protecting Design and Intellectual Property Trademarks and logos A trademark is a recognisable and unique combination of words, sounds, colours and logos to identify and promote a brand, product or organisation. A logo is a graphical symbol designed to be instantly identifiable and unique in order to stand out. Key term Trademark: a unique combination of words, sounds, colours and logos used for marketing, and the legal protection of brand identity. Logo: an instantly identifiable graphic symbol or design used alongside a trademarked brand identity. 1.10 Protecting Design and Intellectual Property Trademarks and logos Trademarks and logos are commonly used in the textile industry to provide legal protection for a brand identity and to help with marketing: Trademarks need to be applied for and renewed every ten years. The IPO collects the fees and registers the trademarks. The ™ symbol shows that a product is yet to be registered. The ® symbol warns others that it is a protected trademark and makes it easier to take legal action against counterfeiters. An example is Burberry’s dispute with Target over sales of fashion products using the iconic Burberry check trademark. When asked to explain how designers can protect their designs and intellectual property, include a wide range of IPR. Illustrate your answer with product or company examples and don’t forget to demonstrate your knowledge by including positive as well as negative points relating to different IPR. 1. What is meant by the term ‘intellectual property’? 2. What is the difference between copyright and design right? 3. List the three main intellectual property rights (IPR) used to protect designers. 4. Explain how one IPR is used to protect designers. Include at least one specific product example in your answer. 5. Draw the symbols used to denote copyright, a registered trademark and an unregistered trademark. Home Learning: 1. Answer the exam question. 2. Create revision quiz cards from the ‘Now Test Yourself’ slide.