This chapter discusses designs law, which is a collection of legal rights that can protect designers of products from having the appearance or shape of their products copied, or give them a monopoly over the commercial exploitation of a shape. Designs law is not about any literary or musical content recorded on a product—that will be protected by copyright. Similarly, the underlying technological ideas may be protected by a patent. In the UK, copyright in designs cannot be used to prevent designs for everyday, functional articles from being copied; only artistic designs can be protected by copyright. Design right protects non-artistic designs and registered designs, and protects designs which are new and of individual character by a monopoly right that lasts 25 years. Registered designs law has been harmonized by the European Union.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on intellectual property and data protection. The law of copyright is governed by the Copyright, Designs and Patents Act (CDPA) 1988 that protects original materials including literary, dramatic, musical, artistic works, and typographical arrangements. The Trade Marks Act 1994 protects the owner of any sign capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of another. Registration of a patent prevents others from making, using, or selling the same product without permission. The protection lasts for five-year periods (to a maximum of 20 years). The changes introduced through the Data Protection Act 2018, the General Data Protection Regulation, the Law Enforcement Directive and the Intellectual Property (Unjustified Threats) Act 2017 are also discussed.
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This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work—referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.
