 |
 |
 |
 |
 |
 |
 |
||
Introduction; Design Registration; Registrability; Spare Parts; Scope of protection given by Design Registration; Protection for Industrial Designs abroad; The International Design Registration; The Application for Design Registration; Ownership of Registered Designs; Design Right; Ownership of Design Right; Copyright; Design Registration versus Design Right (U.K. only).
Ownership of Design Right
Design right is not available to everyone. A design only qualifies for protection if the first owner of the design - see below - is a citizen or body corporate of an EEC country, New Zealand or certain former colonial territories. Designs made by non-qualifying individuals and companies may obtain protection if the articles concerned are marketed initially in one or more EEC countries and by a qualifying individual or company; in this case, the proprietor of the design right is the qualifying individual or company, not the original owner.
Design right is not available to everyone. A design only qualifies for protection if the first owner of the design - see below - is a citizen or body corporate of an EEC country, New Zealand or certain former colonial territories. Designs made by non-qualifying individuals and companies may obtain protection if the articles concerned are marketed initially in one or more EEC countries and by a qualifying individual or company; in this case, the proprietor of the design right is the qualifying individual or company, not the original owner.
The primary owner of design right is the author of the design but this may be varied under the following circumstances:
- Where the author is an employee, the employer will normally be the legal owner of the design right;
- Where the author was commissioned for money or money's worth, the person doing the commissioning will normally be the legal owner of the design right.
For registered designs, design right and copyright, contact Chris Boydell or Sarah Perkins in our London office, or David Marles in our Bristol office.