11. Text 2 comprehension questions

Answer these questions.

1 Why are architectural designs or sculptures not protected by design rights?

2 What was the aim of introducing the 'must match' exclusion?

3 Why was the unregistered design right created?

4 Who is a bona fide user?

5 How does a 'licence of right' differ from an ordinary licence?

6 Which design right is harsher - registered or unregistered?

7 Why was the database right introduced?

12. Text 2 true false statements

Confirm or refute these statements. Begin with a short answer, e.g. 'Yes, it is/has/does, etc.' or 'No, it isn't/hasn't/doesn't, etc.' and add one sentence to prove your point.

1 An artistic design cannot be protected by design rights.

2 An 'identical' design means that it is an exact copy of the original design.

3 Disclosing a design to the public at any point before registration invalidates it.

4 A person who sells infringing articles without knowing that they are protected by the registered design right is nevertheless liable.

5 The infringer of design right is liable even if the infringement itself takes place outside

the UK. .

6 The rights of persons with recording rights are created by statute.

7 Database right protects investment in creating a database from already existing data.

13. Designs Law

Read the following examples and say whether the alleged design right has been infringed.

1. A company manufactures contact lenses, some parts of which are shaped in such a way that allows the lens to fit a human eye perfectly. A rival company starts producing identical lenses. When threatened with an infringement action, the competitors argue that no design right subsists in the article in the first place.

2. In 2008 a company is set up to produce UPVC (unplasticised polyvinyl chloride) windows. 12 months on, it brings an infringement action against another company which makes identical windows. The defendants argue that no design right subsists in such windows because the design is 'commonplace' and has been in the marketplace for many years now.

3. A company makes kitchen units with original door panels easily recognisable because of the specific decorative grooves cut into the door panels. When a rival company starts making kitchen units with copycat door panels, a legal action is brought by the original manufacturers. The defendants however intend to argue that no design right subsists in the door panels.

4. A range of cutlery which features a certain handle design has been on the market for 25 years. A rival company starts producing identical sets without licence from the owners.

5. A company designer comes up with an original design for a chair. The chairs are made to the design and are an instant commercial success. 10 months later the company manager sees similar chairs sold in Singapore: the material is slightly different but the design is the same.

6. An artist makes a design for a mirror frame based on a design which she saw in a museum in Japan many years ago. After the framed mirrors made to the design have been on sale for

a few months, a rival company starts making and selling identical products. /

7. A designer working for sports equipment manufacturers has an interesting idea for a snowboard design. He often stays in the office after working hours to develop the idea on the computer. When the design is ready, he decides to assign it to another company. The employer claims infringement of his rights.