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WEDNESDAY, 8 JULY 2015
The ACID Databank and unregistered designs: a couple of questions

A recent spate of tweets from UK-based designers' organisation ACID (Anti Copying in Design) has reminded this blogger of the existence of its Design Databank. Readers of this blog may not be familiar with it, so he takes the liberty of reproducing the following text from ACID's website:

The ACID Design Databank service offers ACID Members access to a Design Databank system where Members can lodge documents and images of their 2D or 3D designs if they are relying on  unregistered design rights (UDR)/copyright or as an added safeguard for registered designs, underpinned by the strong ACID brand of deterrence.

Each year approximately 25,000 designs are lodged on ACID's Design Databank. This does not add toUnregistered Design Rights (UDR) but provides reliable 3rd party independent evidence of date of receipt by ACID i.e., an audit trail. Design files are held on our secure system and remain unseen by anyone unless required as evidence to substantiate design ownership. The majority of settlements on behalf of ACID members have been based on unregistered design rights. Enforcement of unregistered design right infringement is only as good as the evidence you can provide to substantiate ownership. Unregistered Design right only protects the shape or configuration of a 3D product. The IPO explains the differences between registered and unregistered design right further here

This set me thinking: first, are there other equivalent databanks of unregistered design rights in other EU jurisdictions? Also, is there a case for allowing the data to be searched by bona fide third parties seeking to do a bit of due diligence before making, selling or importing a product that they think may be protected by an unregistered design? Readers' comments, as always, are welcome.

Posted by: Blog Administrator @ 09.38
Tags: ACID Databank unregistered rights,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA664

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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