-
How do I register my copyright?
You can’t because in the UK copyright arises
automatically upon the creation of a work in a tangible form (e.g. a
design drawing); there is no requirement for registration. However, in
the USA you can register a copyright. |
-
I have protected the name of my business because I have registered
the name at Company’s house.
You haven’t because a registered company
name does not give you rights in the name which you can enforce against
third parties – for this you need a registered trade mark. |
-
Where can I patent my design?
You can’t unless you have created a new and inventive
product or process. The relevant form of protection for most designs is
UK design right which protects the shape
and configuration of the design and unregistered Community design right
which protects the shape, contours, lines, colours, texture and
ornamentation of a design. Design rights arise automatically but, for
stronger protection, a Registered UK or Community design can be obtained
for a payment of a fee.
|
-
My freelance designer doesn’t have any claim to the rights in my
design!
They might because if they produce a design for you, you will only own
any UK unregistered design right which might subsist in the design.
There may be other IP rights in the design which you do not own, such as
copyright and unregistered Community design right. If you want to own
all the intellectual property rights, the best plan is to ask the
freelance designer to assign these to you in a written agreement,
preferably before they do any work. |
-
If someone makes seven changes or a
certain percentage change to a design it
becomes a new design!
Wrong! It is not the number or percentage of changes
that somebody makes to your design but the importance
of the elements which they have taken from your design
which is important in deciding whether they have
infringed your rights in your design. This will always vary
from case to case. |
-
If I do not include the © (+ your name and
year e.g. © acid 2008) notice on my work I will not benefit from
copyright protection.
Not true! In the UK copyright arises
automatically when you record your original work in a tangible form.
However, it is wise to include such a notice because it notifies others
that you are claiming copyright in your work. |
-
Registering designs is useless because if
you make one slight percentage change in
the design the registration is invalid.
Wrong! because the test for whether a design infringes a
registered design is whether it creates a 'different overall
impression on the informed user.' It is not simply about
counting the number of elements of the design which
have been reproduced or changes which have been made
to it. |
-
If I register a copy design before the originator I own the design.
You don’t necessarily because whilst you will technically be the owner
of the registration, the originator would be able to seek a declaration
of invalidity of your registration. |
-
I want to register my design to protect the
way it works.
You can’t because you would have to apply for a patent
rather than a design registration. However, to obtain a
patent you would have to demonstrate that the way that
your design works is novel and inventive. |
-
I applied for a registration for my design because I own the
company.
Wrong! because if you created the design in the course of
your employment, even with your own company, the company alone has the
right to register the design. |
