Intellectual Property and Corporate Strategy

How do design rights work?

Description

Design rights are IP’s best kept secret. When utilised correctly, they are extremely effective at stopping similar products. However, they are often ignored or overlooked by potential infringers and the types of rights conferred vary significantly in different jurisdictions. In this course we join Rosie Burbidge, Intellectual Property partner at Gunnercooke LLP, and author of ‘European Fashion Law: A Practical Guide from Start-Up to Global Success.’ This course explores what design rights are, the types of design rights available in Europe, how to file for registered design rights and why they are useful. We investigate the differences in the protection of design rights in other regions. This is an intermediate level course and takes about one hour to complete.

Duration
This unit has 0 Minutes of videos.

Unit Progress

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Modules
  1. What is a design right?
  2. How do you file for a registered design right?
  3. How useful are design rights?
  4. What does the future hold for design rights?
  5. Quiz

Modules


Module 1

What is a design right?

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Design patents, design rights, unregistered designs, registered designs – the jargon is all quite confusing. Therefore, in this module we review the terminology relating to designs within the international context, before focusing on the European design rights system. We’ll take a look at what can be protected, how design rights compare to other forms of IP and international protection.

Additional Resources
Protecting and enforcing design rights: United States
Link to Rosie's book for purchase: European Fashion Law: A Practical Guide from Startup to Global Success
Module 2

How do you file for a registered design right?

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In this module, Rosie takes us through the application process for registering a design right, the details that are required, and exactly what can be registered. It includes examples from both the UK and the EU IPO. We look at the pros and cons of registering photographs, computer-aided design (CAD) and line drawings and investigate multi-part registered designs and how these can be used.

Additional Resources
EU IPO fees and payments
UK IPO - Registration fees and forms
Module 3

How useful are design rights?

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Design rights are IP’s best kept secret. Many don’t even realise they exist. Therefore, in Module 3, we evaluate exactly how design rights have been relied upon in order to provide stronger protection than other options, such as copyright or passing off. Rosie takes us through the ‘Trunki Case,’ one of the most notorious design cases, and what can be learned from this, including how to make much better use of design rights. Finally, we review how design rights are used (or not used) in different industries, including fashion, automotive and technology.

Additional Resources
Focus on the automotive industry: Community Design protection of alloy wheel rims and the Repair Clause
A Case in Point: Trunki vs Kiddee
Module 4

What does the future hold for design rights?

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In this module - and given the recent rise in the number of design rights being registered - Rosie gives us her opinion on how design rights are likely to evolve in the future. We take a look at the reputation of design rights in the media and how that has impacted their use. In this instance, we investigate the Apple iPad versus Samsung Galaxy case. Finally, we evaluate whether there is a potential role for blockchain in design rights.

Additional Resources
Create your 'design protection strategy' - Advice from the EU IPO
Link to Rosie's book for purchase: European Fashion Law: A Practical Guide from Startup to Global Success
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