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Contemporary Intellectual PropertyLaw and Policy

Contemporary Intellectual Property: Law and Policy (5th edn)

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica
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date: 04 October 2022

p. 3249. Unregistered designslocked

p. 3249. Unregistered designslocked

  • Abbe Brown, Abbe BrownProfessor in Intellectual Property, University of Aberdeen
  • Smita Kheria, Smita KheriaSenior Lecturer in Intellectual Property Law, University of Edinburgh
  • Jane CornwellJane CornwellLecturer in Intellectual Property Law, University of Edinburgh
  •  and Marta IljadicaMarta IljadicaLecturer in Intellectual Property, University of Glasgow

Abstract

This chapter discusses unregistered design protection which confers its own form of protection for a more limited period than is the case for other IP rights. The chapter examines the two main forms of unregistered design right: the UK unregistered design right established by Part III of the Copyright, Designs and Patents Act 1988; and the Community unregistered design right. While Community unregistered design right is closely connected to the scheme of registered design law discussed in Chapter 8, UK unregistered design right is a fully independent and distinct form of unregistered protection for designs which is unique to the UK and poses its own particular challenges. The chapter also considers in more detail the evolving and complex interaction of design protection and copyright including recent UK legislative developments.

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