INDUSTRIAL DESIGN AND COPYRIGHT

Industrial design is the most ornamental part of a product. This makes items more attractive and thus increases their commercial potential. The registration of copyrights together with design protection is thus essential.

Decorations enhance the appeal of a product
Image by prettysleepy1 from Pixabay

For this reason it is important to protect them. To do so, we must take into account what the World Intellectual Property Organization says, the bold markings are ours.

[…] the design must be registered in order to be protected under the law governing industrial designs. Depending on the national law concerned, and the type of design, the design may also be protected as an unregistered design or as a work of art under copyright. In some countries, copyright protection coexists with industrial design protection. In others, they are mutually exclusive: once the owner has opted for one type of protection, he or she may not avail himself of the other. […]

OMPI : HTTPS://WWW.WIPO.INT/DESIGNS/ES/

Generating proof of copyright for this type of elements, whether they are two-dimensional designs (drawings, colors, patterns) or three-dimensional designs (shape of the object or article). This is a fundamental element in the case of the possibility of cumulative protection: that which is nourished by having proof of both industrial registration and copyright.

Furniture and layout design
Image by PIRO4D from Pixabay

Register designs in Safe Creative

You can generate evidence of the existence of declarations of authorship or ownership of rights in Safe Creative. You can declare the authorship and rights of two-dimensional designs providing the graphic works that are applied on the product as images or renders of the product. In the case of three-dimensional objects you may include the files resulting from the 3D design application, or several images of the article from different perspectives.

Generating this evidence is very useful to prove authorship or ownership, for example, in countries around the world where there is cumulative protection. As we do not know in which jurisdiction of which country they can make unauthorized use of our works, creating this evidence can make the difference to be successful in defending our rights.

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