Types of Intellectual Property Rights in an Interior Design - Term Paper Example

? Intellectual Property Rights in Interior Designing Assignment Report November 8, Table of Contents Introduction 2 What isan Interior Design / Product? 3 Types of Intellectual Property Rights in an Interior Design 4 Patents 4.1 Rights 4.2 Protection and Maintenance 4.3 Applying for a Patent 4.4 Patent Held by Others 4.5 Patent Protection Worldwide 4.6 Strengths 4.7 Weaknesses 5 Designs 5.2 Protection 5.4 Design protection abroad 5.5 Strengths and Weaknesses 6 Trademarks 6.1 Rights 6.2 Protection 6.3 Registration 6.5 Strengths and Weaknesses 7 Copyrights 7.1 Rights and Registration 8 Conclusion References 1 Introduction Intellectual property rights (IPR) play an integral role in the value creation, protection of the intellectual property ownership and guaranteed receipt of the derived profits. These rights are associated with all kinds of works having intellectual contribution. However, they vary according to the nature and attributes of each work. Interior designing is an emerging field of architecture that is taking the form of immense creativity, fashion statement and financial investments. Due to its rising demand around the world, the interior designs and products are becoming a necessary luxury item in households. Each interior design or product is custom made with unique combination of raw materials to create a new design that is unique, modern and one-of-its-kind. This special report aims to explore various IPRs available when combined can provide comprehensive protection of each interior design and product. To achieve this aim, the report has the objective to explore each type of intellectual property rights, their differences, strengths and weaknesses, protection and management issues. Furthermore, it will explore the world wide protection available to interior designs or products. It will also propose appropriate action to take, to capture, retain and manage a mix of IPR for a particular project or design. It will explore how to trace and negotiate rights for IPR held by others. 2 What is an Interior Design / Product? The interior designs or products are the furnishings and fittings for interior decoration purposes. These include audiovisual and presentations, bedrooms, arts, crafts and antiques, bathrooms and washrooms, building elements, decorative materials, dining room, fabrics and soft furnishings, flooring, heating and cooling, interior landscapes, kitchens, leisure and entertainment, lighting, living room furniture, mirrors, frames and clocks, office and outdoor furniture, public seating, shelving and storage, signs and notice boards, speciality and contract furniture, wall and ceiling finishes and window treatments. This list is not exhaustive. 3 Types of Intellectual Property Rights in an Interior Design The basic types of IPRs include Patents, Designs, Trademarks, Service Marks, Copyrights and Related Rights, Trade Secrets, Domain Names, Geographical Indications, Integrated Circuit Designs and Plant Breeder Rights. Each of these types protect one kind of work. For instance, patents protect inventions, processes and discoveries whereas, trademarks protect the brand names, slogans, company name, etc. In order to comprehensively protect an interior design or product, it is important to ensure that every aspect is properly protected through the acquisition and maintenance of the right type of IPR. The unique combination of IPRs to protect an interior design or product includes patents, designs, trademarks, copyrights, trade secrets and domain names. Lockwood (2007) enumerated ten leading ways through which the value of a design can be gauged. He postulated that Storage Trek created an interior design that affected positively 5,000 employees however, its value was also maintained through its comprehensive IP protection. Therefore, it assisted Storage Trek to create that design, use it and still able to sell in the market without losing it to any copycat. Ferrill and Tanhehco (2011) also highlighted the benefits of protecting designs. Scott (2011) postulated that interior designers are able to protect their designs, creative expressions through their product look, the trademark of their brands, copyrights of their catalogues. 4 Patents The patent protection is granted to inventions that are new, involves an inventive step and are industrially applicable. It provides protection to processes as well as products are not previously invented by other inventors. An interior design or product can be patented if it is new, has involved an inventive step that is designed through a unique method not previously known and has the ability or potential to be developed commercially. 4.1 Rights Patents are the exclusive rights granted by the government of a country to an inventor for an invention to exploit and commercialize it for a limited period of time in exchange of the complete details of the invention to the public (Reitzig & Puranam 2009). It is a monopoly to use, import, export, sell, license and assign the invention and reap all the related benefits. 4.2 Protection and Maintenance The life of a patent right varies in all countries. In United Kingdom, the inventor has 20 years of protection for the patented invention (Intellectual Property Office United Kingdom 2011). However, on the 4th anniversary of the patent right, it has to be renewed through payment of a prescribed fee to the United Kingdom’s Patent Office. After that the patent has to be renewed every year up till 20th anniversary after which the patent expires and the invention enters the public domain. In case, the patent has been licensed, the patent owner shall have to pay half of the renewal fees. 4.3 Applying for a Patent In order to apply for a patent, the inventor has to file Form 1 with full description of the invention, drawings, claims and abstract along with the prescribed fees. 4.4 Patent Held by Others There are four types of issues related to patents that are held by others. The first being the issue of licensing or assignment (European Patent Office 2011). The patent for a particular invention owned by others can be either licensed for a specific time frame and purpose or it can be assigned (transferring of ownership). In case of interior designs or products, any patent owned by another person that forms the substantial part of the formation of an interior design or product can be licensed or assigned/bought. This way, a collaboration can be formed between two interior designers or firms benefiting mutually from the joint venture. Second issue is related to patent infringements. The illegal or unauthorized use of others patent is an infringement of the patent rights of an inventor vested in the invention (British Patent Office 2011). The third issue pertains to monitoring of the patent applications of others patents through search reports. Fourth issue relates with the filing of objection against the grant of patent for an invention. 4.5 Patent Protection Worldwide Patent is a territorial right therefore, inventor has to seek patent protection individually in all countries. Therefore, a British interior designer has to file for patent protection abroad after having protection in United Kingdom. The need for patent filing in other countries is subject to selling or to prevent the use of the invention in those countries. There are two methods to apply for a patent. First relates to individually file patent application through patent attorney. Other relates to filing of patent through Patent Cooperation Treaty (PCT), a treaty administered by World Intellectual Property Organization (WIPO) (World Intellectual Property Organisation 2011). United Kingdom is a member of PCT that allows its residents to file one international application and pay one fees. The patent will be granted in all countries member to PCT or if the applicant requires in selective countries of choice. Being a territorial right, a patent of a British interior designer will depend upon the countries in which patent has been granted for a patent. For instance, in Malaysia the patent rights will be enforced according to its laws. The general rights will remain same however, their grant time, enforcement and other aspects will differ. 4.6 Strengths Patent allows an inventor to protect his/her invention for a period of 20 years during which earn the amount of money invested in the research and development of that invention. It allows the inventor to license the invention without losing any rights to it. Furthermore, the inventor can securely discuss the patented invention with others to form a business based on that invention. 4.7 Weaknesses The patent protection is granted with a condition to disclose the entire invention to the public for the future research and development purposes. Furthermore, after the lapse of 20 years, the invention becomes a property of public domain. Thus, the inventor has a limited time period to enjoy the monopoly over an invention and reap profits from it. Also, the patent right is a territorial right. Therefore, if one invention has been granted a patent right in one country, it is not necessary that it will be granted patent in other countries also. The patent grant varies in accordance with the culture and socio-economic factors of a country. 5 Designs Design protects the visual appearance of a product that can be a three-dimensional in nature. A registered design is a territorial right and can be enforced against infringing or very similar designs in the same territory in which it is registered. The designs must be new and should have an individual character to be eligible for design protection. The rest of the procedure for maintenance and enforcement of design rights is similar to patents. 5.2 Protection According to UK Design law, the designs are automatically protected for 15 years. However, when registered with UK Patent Office, one gets 25 years of protection and rights. The design right in UK within two months from application filing date and submission of the prescribed fee. In terms of interior designing, the design right will protect the way the interior design of a flooring or washroom fittings looks will be protected. Furthermore, the design will protect any three-dimensional product like a unique chair. 5.4 Design protection abroad The British interior designer has three options to seek design rights outside UK. First relates to applying for a Registered Community Design to receive design protection in all countries of European Union (Monseau 2011). The other relates to individually filing for design registration in the desired country or countries. Third relates to the filing of a single application through Hague system and getting design rights in all its member states. Thus, the interior designer can enforce the design rights in all those countries and stop any infringer from manufacturing or selling any similar design. 5.5 Strengths and Weaknesses Registered design right provides strong protection for the visual appearance of a product for 25 years. However, it is also territorial right and the applicant has to apply for design protection in different countries. There is also no guarantee that if the registered design will get protection in other countries too. 6 Trademarks According to trademark is a sign, word, numbers, or combination thereof that distinguishes one product from other. The trademark is different from a brand which is the “promise of an experience” (Intellectual Property Office United Kingdom 2011). The trademark protects an aspect of a brand. A trade name is the company or firm name. A service mark is one that is used for distinguishing a service from the other (Schwiebacher 2010). 6.1 Rights The interior designer will get the rights to use, sell, license, franchise the trademark for a period. 6.2 Protection The trademarks are eligible for protection which are distinctive in nature and assists in distinguishing their origin from the other. For instance, no two interior designers can operate with the same trademark or trade name. A trademark is provided 10 years of life after which it has to be renewed after every 10 years in United Kingdom (Intellectual Property Office United Kingdom 2011). The trademarks are also territorial rights and require protection in all countries individually (LaLonde 2011). 6.3 Registration The trademarks are applied according to the NICE classification for goods and services. There are 45 classes under which an interior designer has to file a trademark in the relevant or applicable classes (Lionel & Brad 2001). 6.5 Strengths and Weaknesses The trademarks basic strength is its life. Trademarks can be renewed to keep them alive and therefore, remains in the ownership of the applicant. 7 Copyrights All literary, artistic works, dramatic works, topographical arrangements, layouts, broadcast and recordings are protected under copyrights (US Copyright Office 2011). In this regard, the catalogue of interior designs and products is a literary work and can be protected under copyrights. All the artistic designs on paper are also protected under copyrights. In United Kingdom, the copyright applies to all original works, websites, software, databases, Internet, music, theatre, film, TV, etc. 7.1 Rights and Registration The copyright is a right to copy a literary or artistic work for any number of times and use, sell, license or assign the copyrights for any purpose. The copyright is an inherent right which is created the moment any idea is realized on the paper or any medium be it wood or digital in the form of a drawing or writing. The term of copyright is 50 years after the death of the author. The copyright can be registered in order to file a suit against any instance of copyright infringement. 8 Conclusion An interior design or product can be comprehensively protected through a combination of various IPRs. The patent, designs and trademarks are territorial rights and can only be created once applied for in the relevant countries. Copyright however, is a inherent right and does not require registration but can be registered upon the discretion of the owner. The patent and design enters the public domain after their expiry of life. Copyright has 50 years after the death of owner. Trademark can be renewed after every 10 years. For other countries, the life time changes for all IPRs. A British interior designer does not lose any rights. However, they are subject to the country’s IPR laws, criterion and their respective time frames. References British Patent Office 2011, “ Patents Maintenance”, British Patent Office, viewed 8 November 2011 European Patent Office 2011, “Patent”, European Patent Office, viewed 8 November 2011 Ferrill, E & Tanhehco, T 2011, “Protecting the Material World: The role of design patents in the fashion industry”, North Carolina Journal of Law and Technology, https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=12+N.C.+J.L.+%26+Tech.+251&srctype=smi&srcid=3B15&key=2b88f6a989568429cc30837275b402a9 Intellectual Property Office United Kingdom 2011, Intellectual Property Rights, Intellectual Property Office United Kingdom, viewed 8 November 2009, LaLonde, AG 2011, “Foreign Trademark Protection”, Mathew Bender and Company, Inc. viewed 8 November 2011 Lionel, B & Brad, S 2001, “ Intellectual Property Rights Law, Lavoisier, viewed 8 November 2011 Lockwood, T 2007, “Design value: A framework for measurement”, Design Management Review, 18(4), pp. 90-97, viewed 9 November 2011 Monseau, S 2011, “ European Design Rights: A model for the protection of all designers from piracy, American Business Law Journal, 48(1), pp. 27-76, viewed 8 November 2011 Reitzig, M & Puranam, P 2009, “ Value appropriation as an organizational capability: the case of IP protection through patents”, Strategic Management Journal, 30(7), pp. 765-789, viewed 8 November 2011 Schwiebacher, F 2010, “How companies use different forms of IPR protection: Are patents and trademarks complements or substitutes?”, DRUID-DIME Academy Winter 2010 PhD Conference, viewed 8 November 2011 Scott, G 2011, “A protocol for evaluating changing global attitudes toward innovation and intellectual property regime”, University of Pennsylvania Journal of International Law, viewed 9 November 2011 Read More