What We Do :: Design, Copyright & Database Rights
montage image

DESIGN, COPYRIGHT AND DATABASE RIGHTS

In addition to patents and trade marks, a company's worth can be enhanced significantly by a range of rights arising from the product and brand creation processes.

Registered design protection is advisable where the appearance of an article is commercially important. Since April 2003 it has been possible to obtain a single community registered design which can be enforced throughout the European Union. UK and community registered designs can now be used to protect ornamentation, computer icons, logos, typefaces, product parts, and one-off products as well as mass manufactured articles.

In the United Kingdom, the appearance of any functional item is automatically protected by unregistered design right. However, design registration provides a monopoly right, lasts longer and is more effective than design right. The masking or topography of semiconductor products is also protected by a particular kind of design right called the semiconductor topography right.

There are automatic design rights that can now be enforced in other parts of the EU. However, these are much shorter term than both registered designs and the UK design right and may require more evidence to enforce.

Copyright extends to literary, dramatic, musical and artistic works, which include computer software, engineering drawings, maps and photographs. Our attorneys can assist in establishing appropriate procedures to record and mark your copyright works.

An often neglected intellectual property right is that of database rights which protect collections of data in paper or electronic form. Database rights also apply to on-line databases of individually accessible items, such as multiple pages on a website.

Withers & Rogers has considerable experience in advising clients during product development and in particular, obtaining registered design protection. We are able to advise clients on all aspects of copyright and the protection and enforcement of rights in industrial designs, both registered and unregistered.