What is a copyright?

DESIGN
A registered design is a legal right that protects the overall visual appearance of a product or part thereof in the country or countries it is registered in. In order to successfully register a design it must fit the legal definition of “the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or ornamentation.”

A design is a three-dimensional industrial or handcrafted product, or two-dimensional decoration on its own. It must be dissimilar to any registered design published or publicly disclosed within in theUKor the European Economic Area (EEA).

A design cannot be registered if it:

• does not fall within the scope of the legal definition;
• is solely dictated by the product’s technical function;
• includes or consists of certain protected emblems; or
• is offensive

A registered design can be renewed every five years up to a total of 25 years and a successful application gives exclusive rights and protection to all aspects of the design. A design can be let, sold or licensed.

COPYRIGHT
The law relating to copyright does not protect an idea but rather the fixed work of a creator, for example if an individual or a company creates a written or recorded work copyright is the automatic right which protects the work. This means a copyright is not applied for.

When is copyright applicable?
Copyright laws become applicable if a work is regarded as an original and the work exhibits a level of judgement or skill. It is an offence to reproduce, adapt, perform, rent, lend, publicise or broadcast copyright protected works even if the work is in a different medium to the original.

“The first owner of copyright”
This is the author of the work who has exclusive ownership of the work except where a work is produced as part of an employment contract and so the first owner may then be the employer of the individual who created the work.

Read about trademarks and patents next week.

For more info contact Jo-Anne Deeb BA LLB (SA) on +44 (0)207 759 5391
or www.sable-group.com