CLASS 99
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TUESDAY, 10 JANUARY 2012
AIPPI to analyse the design/copyright borderland
AIPPI's July 2011 Newsletter reveals that the 43rd Congress in South Korea will examine Q231: The interplay between design and copyright protection for industrial products - a topic which is hotting up in Europe, particularly the UK.
AIPPI's initial summary of the question, here, is as follows:
The 1966 Tokyo resolution referred to above is here, and a subsequent relevant resolution from the 1985 Rio de Janeiro Congress is here.
If any UK reader wishes to post a relevant comment, I'll forward it to the AIPPI UK working group. Posted by: David Musker @ 14.22
Tags: aippi, copyright, copyright/design overlap,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA315
AIPPI to analyse the design/copyright borderland
| Thanks to The Copyright Symbol Webpage |
AIPPI's initial summary of the question, here, is as follows:
"At the 26th Congress of Tokyo, 1966, a resolution was reached on Q34, “Studies on the unification of the law on industrial designs and models”.The resolution noted, “Industrial designs must be protected by a system of their own which can co-exist with the copyright protection system in accordance with domestic laws” and set forth basic conditions for such protection. Forty-five years hence, the form and degree of protection afforded to designs of industrial products may vary widely among different jurisdictions. Q231 will examine the nature of this protection under both design and copyright law with emphasis on the interplay between these two forms of protection. The extent to which both design and copyright protection are available, and the degree of any overlap between these forms of protection, will be an informative issue to consider under the national laws.
The term “industrial” as used in the title of this question is intended in a broad sense. While examining this question as to all types of “products” would be overly broad, inclusion of the term “industrial” is not intended to narrow the question so far as to be limited only to products for industrial use. Rather, “industrial products” shall be considered to include all products for which protection is available based on appearance, shape, or ornamentation, including, for example, handicraft products." The 1966 Tokyo resolution referred to above is here, and a subsequent relevant resolution from the 1985 Rio de Janeiro Congress is here.
If any UK reader wishes to post a relevant comment, I'll forward it to the AIPPI UK working group. Posted by: David Musker @ 14.22
Tags: aippi, copyright, copyright/design overlap,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA315
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