Tài liệu Designs: How to Protect your Design ppt

Unlike the Design Right a Registered Design will allow you to protect both 3D and 2D features of a design.. If you wish to protect a pattern that you intend to apply to wallpaper or text

This leaflet provides basic information

on some areas of design protection

All information contained in this document was correct at the time of going to print, and is available in

has no legal authority

What is the difference between Design Right and a

Registered Design?

What is a Design?

Registered Design:

A Registered Design gives you total rights of ownership over the appearance of

a product or just part of a product A Registered Design can last up to 25 years providing you pay your renewal fees every five years Unlike the Design Right a Registered Design will allow you to protect both 3D and 2D features of a design

If you wish to protect a pattern that you intend to apply to wallpaper or textiles for example a Registered Design would be appropriate

A Registered Design can be sold or licensed Additionally it may be easier to stop people from copying your design as the mere existence of the registration alone can act as a deterrent If you feel your Registered Design is infringed you may challenge and the onus will be on the third party to prove they have not infringed your rights

To benefit from Registered Design rights you will need to make an application to the Intellectual Property Office

A design protects the visual appearance of a product

or part of a product A number of factors can affect the appearance of a product including shape and contour, configuration, textures, materials and colour

In the UK there are two ways of protecting your design You can either rely on Design Right or you can apply for a Registered Design

Design Right

(Unregistered Design):

A Design Right is an automatic right, (i.e you do not have to apply to protect it) Design Right protects the shape and configuration of an item alone,

therefore only 3D items are covered You cannot rely on Design Rights for 2D features such as a pattern A Design Right is an intellectual property right like any other and you are entitled to sell it or license it

Design Right lasts either for 10 years after you have first marketed the item, or

15 years from creation of the item, whichever is the earliest For the last five years of this period a Design Right is subject to a License of Right This means that anyone is entitled to a licence to reproduce your design They will however have to come to an agreement with you over what costs will be payable for this

If you are relying on Design Right then it would be advisable for you to keep

a note of when the design was first recorded in material form or when articles made to the design were first made available for sale or hire or otherwise disclosed to the public This is recommended because if you believe that someone is infringing your rights you will have to prove the existence of those rights Infringement cases will be heard by the courts However the Intellectual Property Office will hear some cases regarding the subsistence of Design Right, (i.e where there are disputes over payments under a License of Right) When taking action against infringement of a Design Right the onus is on you

as the owner to prove that your design has been deliberately copied

Registered Design Design Right

(Unregistered Design)

Application to be made to IPO Automatic right

Lasts for up to 25 years Lasts between 10-15 years

Onus on other party to prove they

have not infringed your rights

Onus on you to prove intentional copying

You obtain a grant certificate from the

IPO evidencing your rights

You have to show evidence of the existence of your rights

Rights are exclusive to you and

licenses would need to be authorised

by you

License of Right automatically granted

to other parties in the last five years

Published in our Designs Journal and

on our Register

Not stored in any register

Novelty

Your design should not be the same as any design which has already been made publically available Your Registered Design could be challenged if someone feels it is not new We therefore advise that you search our register, available

on our website, prior to making an application If you prefer we can do this for you if you file a form DF21 and fee of £25 We will conduct a search for identical designs registered in the UK alone We do not search for unregistered designs

or designs registered outside of the UK Please note that we do not conduct a novelty search when you file an application This service is only provided if you request it by filing the DF21 and fee

Considerations you should make before applying to register a Design

Reasons for refusing an application

Your application will undergo an examination once it has been filed We will check to see that it complies with our requirements and if not we will raise an objection There are a number of reasons for objecting to an application:

- If the design is dictated by how a product works, (i.e the design has to be this shape/size etc else it would not work)

- Offensive designs are not allowed

- If a design contains a protected flag or emblem, such as the Red Cross or

an Olympic symbol

- If the design is merely a concept or an idea, (i.e an item that includes a variable element such as an interchangeable logo)

- If your drawings are not presented in an acceptable manner

Deferring Publication

You can choose to defer the publication of your application for up to 12 months from the date of filing This allows you to secure a filing date whilst also giving you more time to market your product or to apply for a patent before publically disclosing your design on our website The initial fees for a deferred application are less However you will be required to file a form DF2C and a further fee within 12 months in order that your design becomes published else your application will be lost

More than one Design

If you wish to protect more than one design, or you have a number of variants

of the same design which you would like to protect, you could benefit from a reduction in fees by filing a “multiple application” This means that you file more than one design under the same application form

How to Apply to Register a Design: Application Form

The application form you will require is a DF2A and is available via our website The form is easy to fill in The most important information you should provide is

as follows:

Page 1

designs you are applying to protect

with the full name and address

of the applicant This may be an

individual or a company If the

applicant is a company you should

inform us where this company was

incorporated

or an alternative address for

correspondence purposes you

should provide details in this box

the form, your application cannot

proceed if you do not

name and telephone number, many

queries can be quickly cleared up if

we are able to telephone you

Page 2

design is, for example, "watch" or

"pen" If appropriate you should also

inform us what you intend to apply your design to If you have a logo then you would state “logo for stationery” You are not bound by the statement

in this box and are able to use your design in other ways If we feel this statement is not clear we may amend it

description of your product if you wish but this is not compulsory

wish to add For example you may wish to disclaim colour or materials Alternatively if you are seeking to protect just a part of a product you should list this in this box

you wish for your application to be published immediately or if you would prefer for it to be deferred

Registration outside of the UK you can claim priority from it providing your application is being made within 6 months of the filing date of that earlier Design

You must provide us with a single set of representations of your design As these representations will be scanned once they are received, it is in your interest

to provide the best quality images possible Your representations should be presented in the following way:

- Either line drawings or photographs

- Should show only the design

to be registered, (photographs

should show the design with no

background detail)

- Should show the design as it

actually looks to the eye

- Be placed on plain A4 paper

- Should not include any technical

details such as dimensions

- If protecting the look of the entire

product you should show all

relevant views, e.g front, back, both

sides, top and bottom

- The only text used should be view

designations, (i,e top view, side

view), or disclaimers, none of which

should obscure the design itself

- If protecting a pattern ensure that your representation shows the entire design including repetition of that design You should also state the following on the representation page: “Repeating surface pattern”

- If you intend to protect part of the

product only please circle the area requiring protection in red and state the following on the representation page itself: “Protection is sought for the area circled in red”

- Any disclaimers listed at Box F

on the application form to be placed on the relevant sheet of representations also You should disclaim any elements shown that are not part of the design

- Separate sheets should be used for different designs if filing a multiple application

Forms and Fees Needed to Make an Application

All of our forms are available via our website at www.ipo.gov.uk

The main forms that you will use in relation to making your application are as follows:

Remember – keep it simple – all we want to see is the design alone

DF2A – application form for a Registered Design:

Application to be published immediately:

£60 (For a single design or for the first design in a multiple)

£40 (For each additional design if filing a multiple)

Publication to be deferred:

£40 (For a single design or for the first design in a multiple)

£20 (For each additional design if filing a multiple)

Additional forms you may need to use:

DF2C – request to publish an application if publication was initially deferred on

the DF2A - £40 per application

DF21 – request for us to search the register, (usually submitted prior to you

making an application) - £25 This form is optional, please refer to

"Novelty" on page 3

Do my Design Rights protect me abroad?

A Design Right or Registered Design protects you in the UK only If you are intending to trade in other countries you should seek further protection

If you are interested in gaining rights within Europe you can rely on an

Unregistered Community Design This is an automatic right which lasts for three years Alternatively you could apply for a Registered Community Design which will provide you with cover through the whole of the EU For further information

on this you should contact the Office for Harmonisation in the Internal Market,

(OHIM) You can visit their website www.oami.europa.eu

If you wish to protect your design in only some of the countries in the EU or in countries outside of the EU you can make applications to each individual country Alternatively you could apply through the Hague System which covers 55

countries or territories A single application can be made to the World Intellectual

Property Organisation, (WIPO) You can visit their website www.wipo.int

Further Information

This booklet aims to provide you

with brief information on designs

For further information please refer

to our website www.ipo.gov.uk

For further information you can contact

our Information Centre on 0300 300

2000 where you can expect a friendly,

professional service from our team of

dedicated advisors

(Calls to 0300 numbers are charged

at your network provider’s standard

national rate)

Our Office hours are 09:00 to 17:00

Monday to Friday, excluding Bank

Holidays Last year we answered 83%

of calls within 20 seconds

Or email us at

Information@ipo.gov.uk

We will respond to your email within

one working day

For legal advice you can contact:

The Chartered Institute of Patent Attorneys

www.cipa.org.uk

0207 405 9450

The Institute of Trade Mark Attorneys

www.itma.org.uk

020 7101 6090

IP Healthcheck

Free online diagnosis

Our online diagnosis has already benefited more than eleven thousand people.

Go to www.ipo.gov.uk/iphealthcheck

for your FREE healthcheck.

11000

ALREADY TAKEN

1 Patents: Essential Reading

2 Patents: Application Guide

3 Patents: Basic Facts

Designs

4 How to Apply to Register a Design

5 How to Protect your Design

Copyright

6 Copyright: Essential Reading

7 Copyright: Basic Facts

Trade Marks

8 Trade Marks: Quick Facts

Additional

9 Non Disclosure Agreements

10 Licensing Intellectual Property

11 Agreeing a Price for Intellectual

Property Rights

12 Choosing the Right IP Adviser

Address:

Phone number:

Fax number:

E-mail:

Any other comments you may wish to add:

All Publications are available through the Intellectual Property Office Website:

www.ipo.gov.ukor by phoning our Information Centre on 0300 300 2000

To order any of the publications overleaf, please tick the box next to the ones you

Publications order form

NP10 8QQ

Tel: 0300 300 2000

Minicom: 0300 0200 015

Fax: 01633 817 777

www.ipo.gov.uk

For copies in alternative formats please contact our Information Centre

When you no longer need this booklet, please recycle it.