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Similarities and differences between UK Unregistered Design Right,…
Similarities and differences between UK Unregistered Design Right, Community Unregistered Design Right, and artistic copyright.
Historical
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between the 1st and 2nd world wars, the UK drew a hard distinction between copyright and design. I was not possible to get protection for both.
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defy categorisation, very subjective
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Examples
Pure design
Some designs are created and brought solely for the technical function. Aesthetic considerations are of no importance.
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Borderline
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Created, bought and sold mostly on aesthetic appeal, although they are mass produced and have a use.
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Initially intended to be looked at purely aesthetically, but are later applied to the design for something mass produced or useful.
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Similarities
2D and 3D
By large, 2D patterns are non-functional
By large, functional designs are 3D.
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In this respect, design = the appearance of something
Copyright is the expression of something in a tangible form (cannot be in the head). Design can be embodied in drawings, photographs, sometimes written descriptions, and actual products.
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Differences
Policy reasons
Design
EU Commission suggested 'that according to industry, design results from: (1) a functional improvement or technical innovation in the product; (2) a creative contribution of an aesthetic nature by the designer; and (3) an investment by the manufacturer.
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prevents people copying too closely, to create diversity in the marketplace and consumer choice
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Internationally, copyright is harmonised by the Berne convention
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Fuzzy
No claims, just a representation
Sits in the middle of the holy trinity (patents, trademarks and copyright)
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Even very short computer code may get copyright protection. Seems justified that an aesthetic piece of furniture should also get this protection.
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