Design Right Protection
The holder of a registered design right has the exclusive right to authorize or prohibit others from using the design in any way, notably by producing, importing, selling or using products based on the design. However, rightholders may not prevent private and non-commercial use, use for research or use for teaching. There is also an exception for foreign-registered ships and aeroplanes, based on the principles of maritime sovereignty.
Protection under a registered design right last initially for one or more periods of five years, and may be renewed up to a maximum total of twenty-five years. In respect of a given product, they are exhausted when it is sold with the consent of the rightholder (the first-sale doctrine).
Protection by a registered design right does not affect any other intellectual property rights in the product, notably unregistered design rights, patents and trade marks. The question of copyright protection is left to the laws of the Member States, which apply varying criteria of originality to the copyright protection of "applied art"; the point, however, is that the existence of the registered design right does not stop the design also being eligible for copyright protection.
Read more about this topic: Directive On The Legal Protection Of Designs
Famous quotes containing the words design and/or protection:
“For I choose that my remembrances of him should be pleasing, affecting, religious. I will love him as a glorified friend, after the free way of friendship, and not pay him a stiff sign of respect, as men do to those whom they fear. A passage read from his discourses, a moving provocation to works like his, any act or meeting which tends to awaken a pure thought, a flow of love, an original design of virtue, I call a worthy, a true commemoration.”
—Ralph Waldo Emerson (1803–1882)
“We’re for statehood. We want statehood because statehood means the protection of our farms and our fences; and it means schools for our children; and it means progress for the future.”
—Willis Goldbeck (1900–1979)