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Encyclopedia > Industrial design rights
Intellectual property
rights
Sui generis rights
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Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Intellectual property or IP refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ... For copyright issues in relation to Wikipedia itself, see Wikipedia:Copyrights. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive and... A trademark (Commonwealth English: trade mark) is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... A trade secret is a confidential practice, method, process, design, the know-how or other information used by a business to compete with other businesses. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Intellectual property or IP refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ... Industrial design is an applied art whereby the aesthetics and usability of products may be improved. ... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social...

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Industrial design rights in Canada

Canada's industrial design act affords ten years of protection to industrial designs that are registered, there is no protection if the design is not registered. The Industrial Design Act (R.S., c. I-8) defines "design" or "industrial design" to mean features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye.


During the existence of an exclusive right, no person can "make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered." The rule also applies to kits and substantial differences are in reference to previously published designs.


Design Law in Japan

Article 1 of the Japanese Design Law states: "This law was designed to protect and utilize designs and to encourage creation of designs in order to contribute to industrial development". The protection period in Japan is 15 years from the day the application for protection was filed.


Bibliography

  • Brian W. Gray & Effie Bouzalas, editors, Industrial Design Rights: An International Perspective (Kluwer Law International: The Hague, 2001) ISBN 90-411-9684-6

See also

In the United States, a design patent is a patent granted on the unique appearance or concept of an item. ... In the German law, the Geschmacksmuster is the name of the industrial design right, an intellectual property right for protecting visual design of objects that are not purely utilitarian. ... A utility model is an intellectual property right to protect inventions. ...

External links


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Industrial design rights (373 words)
Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian.
An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value.
Canada's industrial design act affords ten years of protection to industrial designs that are registered, there is no protection if the design is not registered.
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