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Protecting designs & intellectual property - Coggle Diagram
Protecting designs & intellectual property
open source
Free open source software (FOSS) allows anyone anywhere in the world to use and even copy and change the software
There is open access to the source code
Users can change and improve code
It is usually free and more secure than proprietary software
e.g.s OpenOffice, Linux, Android and Mozilla Firefox
trademarks & logos
trademark = a unique combination of words, sounds, colours & logos used for marketing & the legal protection of brand identity
logos = a graphical symbol that often serves as an important element of a trademarked brand identity
trademarks are used to distinguish goods and services from those of similar traders
registration for trademarks
can be identified by the abbreviation ‘TM’ or the symbol ‘®’ once registered
can take between 6 and 18 months
gives exclusive legal rights to use, licence or sell the trademark within the country where it was registered
lasts for 10 years however they can be revoked if they are not used within the first 5 years
entitlements giving to register by registering for trademark:
use of TM® symbol alongside their brand
right to sell & license their brand
ability to take legal action against counterfeits & any other unauthorised use of their brand
trademark issues - Cadbury
In 1995, Cadbury trademarked the purple shade Pantone 2685C for use in chocolate bars & tablets
In 2004 they applied to update the existing trademark so that it would apply to other products in their range
rejected by the UK Court of Appeal in December 2013 on the grounds it wasn’t clear enough
Cadbury appealed but lost following a complaint raised by rival company Nestlé
patents
= legal protection for inventions relating to the way in which the products function
an exclusive right granted for an invention, product or process that provides a completely new way of doing something
protects a creator against unauthorised production of their invention
allows the creator to use, sell or manufacture the invention
granted by the government to the inventor & granted in order to give inventors up to 20 year's legal protection of their ideas from being stolen & used by other people without their permission
online databases allow applicants to:
Check if any similar patents already exist
Track the progress of a patent application
Check for patents available to license
patent application submitted to International Property Office & take 2-3 years to be granted
IPO = official UK government body responsible for IP
attorney often employed to establish validity of application prior to submission, since often complex searches to be done on applications validity
confidentially also essential cause premature exposure of idea renders it invalid for patenting
legal complications often result in conflict -
apple & Samsung regarding phone & tablet patents
Dyson & rival companies on the protection of his patented ideas e.g. dual cyclone in vacuums
design rights
Like copyright, a design right is not achieved via registration
Unregistered design rights
= rights that give automatic protection to prevent copying the appearance of a product
apply to
the physical shape, appearance, decoration and configuration of a three-dimensional design
two-dimensional designs such as graphics, textiles and wallpapers
protect designs for 10 years from first sale or up to 15 years from date of creation, which ever comes first
they don't cover how the product works
this falls under
patents
although registration isn't required for either type of IP, in practice it can be very hard to prove ownership if a dispute arises
therefore there are organisations e.g. the UK Copyright Service that facilitate the provision of independent evidence of authorship
helps to make use of © symbol - accepted copyright symbol that can be applied to most types of work & which also helps to reinforce that the owner of the work is serious about protecting it & would likely be followed up any infringements with legal action
additional steps to be taken to provide proof of original ownership by using strats such as:
keeping early drafts, sketches, recordings, etc. to show the development of the piece of work
incorporation of deliberate, unique modification that can be cited in evidence, e.g. slight alterations or additions in maps
adding metadata (encoded info) & watermarks to digital images
meeting requirements for design rights
To meet the requirements for design rights, designs must be new, original and the designer’s own IP
must not make use of protected emblems
must not be designed to match or fit an existing product such as an accessory
must not be offensive
registered design
= a product whose appearance or decoration has been legally protected to counter copying
applicable to exterior casing rather than the circuit & other working parts (need to be patented if appropriate)
A designer may also register a design with the Intellectual Property Office (IPO)
IPO registration lasts for 25 years but must be renewed every 5 years
can be done by submitting suitable illustrations & paying necessary fees to the IPO
international trade in fake designer label products is an ongoing problem, which still continues despite potentially massive fines for perpetrators & purchases
copyrights
= unregistered rights that protect original works such as books, photos & plays
lifespan
up to 70 years after creators death for literary, dramatic, musical, film or artistic works
25-50 years for sound recordings
depends on type of work protected
The Copyright, Designs and Patents Act (1988)
copyright begins moment work is in tangible form
protects creators and gives them rights to control the ways in which their material may be used
allows creators to take legal action against unauthorised use
intellectual property (IP)
= a novel, physical creation that is entitled to protection for its originator in the form of copyright, design rights, patent, registered design ot trademark
is something that has been physically created & didn't exist before
an idea alone isn't sufficient
uniqueness is an essential element when seeking
intellectual property rights (IPR)
since the key point of these rights is the protection of original ideas
IP is protected by
design rights
patents
trademark
copyright
some rights are auto endowed to a piece of work when created & some have to be applied for - depends on type of IP involved
ownership of IP
its you IP
if you created it & meets requirements for copyright, patent, trademark or a design
IP can
belong to individuals or businesses
have more than 1 owner
open design
crowdsourcing
Local Motors is an American company that enables the manufacture of open design vehicles at local factories
They use crowdsourcing (a way of co-funding), co-designing and co-creating
Local motors have used this strategy to create an off road rally car, the first 3D printed electric car and an autonomous electric bus
= a design that hasn't been protected by IPR, so that it can be freely used & developed by others
open design is an approach to developing physical products, machines and systems with no restrictions of intellectual property rights
3D printers
RepRap Prusia 13 3D printer - 3D printers that can print more 3D printer parts
Thingiverse is an online platform where 3D files are uploaded, downloaded and shared free of charge
include 3D printed components, printed circuit boards (PCBs) & CNC produced products
Products are designed by the users
Resources and skills are maximised
Products are publicly shared for free
contributors - open unrewarded - who want to donate some work for greater good might be regarded as an evolution to DIY culture gained momentum in 1950s
internet based design is at centre of current developments in this field with FOSS supporting this
licensing
complicated issue - designers have to ensure work can be used & developed in appropriate way
a
creative common licence
often used for open designs
way of ensuring original designer is acknowledged as originator of design, while conferring on others freedom to build on their input
Practical Action - an international non-governmental organisation (NGO)
they promote 'technology justice' - challenge poverty on developing countries
their range of designs (tools, equipment & systems) can be freely copied by individuals, communities & organisation - to enable a healthier, safer & more productive life
open designs free from IP are a key element to their work
e.g. water pumping & purification systems, ploughs & aerial ropeways
Fairphone
open source software-based mobile phone being developed to challenge trend of replacing phones every 18months on average
will provide a device based on an operating system (OS) & modules that can be easily upgraded & repaired
allows its serviceability & usefulness to become relatively immune to need for complete replacement to keep up with technological developments in hardware & software
standardised shipping containers (Malcom McLean & Keith Tantlinger)
in 1950s, responded to massive problems of delays, wastage, accidents & theft experienced with conventional cargo transport by developing highly successful worldwide system of shipping containers
still used today
patents for design was leased to International Organisation for Standardisation (ISO) free of royalties so they could allow others to use the design without hinderance & thus ensure worldwide compatibility that is prerequisite for the system
working together
The mobile phone app ‘Waze’ is a free, community based navigation tool
It enables users to report live traffic jams & road closures
It automatically responds to updates gives directions for the best route and shortcuts
It also allows users to share routes & so share rides and costs
universal benefits
Open design is ideally suited to use in humanitarian projects where a quick response is vital
used to help:
Sanitation
Displacement
Victims of war