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:
“If I commit suicide, it will not be to destroy myself but to put myself back together again. Suicide will be for me only one means of violently reconquering myself, of brutally invading my being, of anticipating the unpredictable approaches of God. By suicide, I reintroduce my design in nature, I shall for the first time give things the shape of my will.”
—Antonin Artaud (1896–1948)
“The best protection parents can have against the nightmare of a daycare arrangement where someone might hurt their child is to choose a place that encourages parents to drop in at any time and that facilitates communication among parents using the program. If parents are free to drop in and if they exercise this right, it is not likely that adults in that place are behaving in ways that harm children.”
—Gwen Morgan (20th century)