Jewellery and IPR
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Jewellery can be protected by:
Provided that the design is ‘original’ the jewellery may be
protected by copyright. The requirement of originality means the design
could not be commonplace or have been previously created/ designed.
Copyright arises automatically if the conditions of
originality and fixation (expressing a work into a tangible form,
rather than the idea) are met.
Copyright: Providing that the design is ‘original’ the
jewellery piece may be protected by copyright. The requirement of
originality means the design could not be commonplace nor have been
created/ designed before. Copyright arises automatically if the
conditions of originality and fixation (expressing a work into a
tangible form, rather than just having the idea of it) are met.
However, the absence of any formalities means that proving that someone
has infringed your design right is difficult. For instance, without any
documentation for the design it will be almost impossible to prove the
date that the design was created and therefore who has the copyright in
the design. However, the absence of any formalities means
that proving that someone has infringed your copyright is difficult.
For instance, without any documentation it may prove difficult to prove
the date that the copyright was created and therefore who owns the
Unregistered Design Right:
This intellectual property right automatically rises and will
offer limited protection for a design for a term of 10 years after the
first marketing of articles that use the design, or 15 years after the
creation of the design - whichever is earlier.
Design Right gives you automatic protection for the internal
or external shape or configuration of an original design, i.e. its
three-dimensional shape. Design Right allows you to stop anyone from
copying the shape or configuration of the article, but does not give
you protection for any of the 2-dimensional aspects, for example
Design right will allow you to solely exploit the design
commercially and anyone who tries to make money from the design may be
infringing the design right.
Similarly with copyright; because of the lack of registration
it may be difficult to prove who created what first.
It is much safer to register your designs to prevent any
grievance in a legal battle.
By registering your designs you can ensure a higher level of
protection, by having proof of ownership and of the date in which you
formed the design. This right has duration of 25 years and gives you a
monopoly over the design, allowing you the exclusive right to exploit
the design and prevent third parties from copying it. You can stop
people making, offering, putting on the market, importing, exporting,
using or stocking for those purposes, a product to which your design is
applied. You can protect two-dimensional designs or surface patterns as
well as shape and configuration with a Registered Design. This gives
you financial stability, as another party will be unable to
commercially exploit the design. Registration can be for both the UK
and the EU, offering a wider protection for the rights holder than an
unregistered design right. To register your design and protect your
work, please contact Lawdit Solicitors.
Written by Saowanee Kristin, IP
post- graduate law student
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
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Article Published/Sorted/Amended on Scopulus 2013-11-27 13:37:26 in Legal Articles