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Rights Protecting Product Designs Notes

LPC Law Notes > Commercial and IP Notes

This is an extract of our Rights Protecting Product Designs document, which we sell as part of our Commercial and IP Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Rights protecting product designs (Design Right and Registered Design) Sources

Types Aims

- Rights in reg'd design are protected as monopoly rights under Registered Designs Act 1949 ('RDA')
- Also EC dimension now Go on IPO website - browse by product type To encourage and protect innovative designs

Registered Design Stage 1 - Validity and Ownership Q Set out in s.1 to 1D Registrability of designs
- s.1(2) a design = "the appearance of the whole of a part of a product What is a resulting from the features of, in particular, the lines, contours, colours, design?
shape, texture or materials of the product or its ornamentation."
- Eg. 'whole of part of a product' - arms or back of chair
- 'lines, shape, contours' - Alessi lemon juicer
- 'ornamentation' - pattern on a dinner service
- 'pattern/texture' - embossed wallpaper, woven textiles What is a product?
Requirements for registratio n

- s.1(3) a product may be an 'industrial or handicraft' item. Therefore, some items have protection of RDA (if reg'd) and CPDA automatically
- s.1B(1) design must be new and have individual character and must not fall w/in stat exclusions

- s.1B(2) - there must be no other identical designs (or designs whose What does 'new' features differ only in immaterial details) made available to public before mean?
relevant date
- Meaning of 'available to public' is v wide s.1B(5), includes disc an exhibition or trade fair
- Before seeking to register, app't must:
- Ensure that they haven't made design available to public; and
- Check their design isn't exactly the same or virtually identical to someone else's

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