Copyright and design rights.
Protecting designs and intellectual property · Technical principles
Revision notes
Protecting designs and intellectual property
This topic is for A-level only. If you are studying at AS-level you do not need to cover the content in this chapter.
Intellectual property (IP)
• Intellectual property (IP) is an idea that is turned into a physical creation that did not already exist (for example, a book, film, camera lens mounting system, handbag design or car name badge).
• Ideas alone do not count as IP – physical format of some kind is compulsory.
• Uniqueness is essential when seeking to protect IP with intellectual property rights (IPR).
• Some rights are automatically endowed when work is created (e.g. copyright); others have to be applied for (e.g. patent).
• IP laws vary from country to country and there are various rules governing applications.
Copyright and design rights
• Copyright is legal protection for work such as books, photos, drama, music, films, TV programmes, software, etc.
• It allows management of permission for others to use work (e.g. licensing photos for use in books).
• The UK Copyright, Designs and Patents Act 1988 provides cover for most works for 70 years after the death of the creator.
• Unregistered design rights provide legal protection for designers to stop unauthorised copying for ten years. They cover appearance (shape, ornamentation, etc.), not how products work.
• Registration is not required, but ownership is hard to prove in a dispute.
• Using the copyright symbol (©), and metadata and watermarks on digital files, makes it easier to assert ownership.
• It is a good idea to keep early drafts, sketches, recordings, etc., as well as deliberate, unique modifications as evidence.
• The UK Copyright Service provides an independent evidence of authorship facility.
Typical mistake
If an exam question asks you to explain how designers protect their designs from being copied, you are expected to demonstrate your knowledge of a range of IPR. Don’t therefore just write about ways of keeping work secret, as this is only one aspect of the topic, which mainly affects patent applications.
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