Peter Adediran’s specialist niche area of practice is intellectual property law – both contentious and non-contentious – as it relates to digital works including trademarks; copyright; patents and database rights PAIL® Solicitors. Read more on PAIL’s ® Resource Library
PAIL® recently obtained judgment on liability plus costs for our client in the UK Intellectual Property Enterprise Court. For more information about the court see the IPEC Court Guide.
Design rights registration
PAIL® Solicitors intellectual property lawyers give a basic explanation of design rights and design rights registration in the UK, EU and US
A design is a product’s appearance. The look and feel all count towards the design. The design has to be novel to qualify as a new design.
Design Rights Registration – Ownership
Generally, the design is owned by the creator except if it were created by an employee whilst working. A commissioned design may also have to be assigned for ownership to be transferred.
Unregistered design rights
You can have registered and unregistered designs. Unregistered design rights like copyright are automatic. They focus on the construction of a product i.e. the shape, contours etc They are a property right like copyright and can be licensed and assigned as such. Unregistered designs are protected for 10 years.
Design rights infringement. This is the judgement on an inquiry as to damages for infringement of unregistered design rights (UK and Community), passing off and breach of copyright following a liability judgment of Mr. Stuart Isaac QC handed down on 31st July 2012.