The Protection of Designs according Copyright and sui generis Designs Right
##plugins.themes.bootstrap3.article.main##
Abstract
Summarizing the differences, advantages and disadvantages of protection of designs according copyright and sui generis designs right it can be concluded that it is difficult to give the priority to one of these forms of designs protection. In every case the advantages and disadvantages should be evaluated and after that the form of designs protection can be chosen.
The cumulative protection of designs is superior to alternative protection of designs because it keeps the possibility to use advantages of protection of designs according sui generis designs right, also copyright. Protection of designs by copyright in cumulative protection of designs system after registration of designs is gained not according Berne Convention, but by other rules. But otherwise the gaining of special protection of designs by registering it according sui generis designs rules does not prohibit applying of Berne Convention for solving the disputes.
For protection of designs by sui generis designs rules it is also necessary the expression of designs in objective form despite that the Locarno classification reflects only groups of articles in which designs can be implemented but not concrete article.
The beginning of protection of designs according sui generis designs right is associated with the registration of designs, whereas the protection of designs according copyright starts from expression of designs in objective form.
The cumulative protection of designs is superior to alternative protection of designs because it keeps the possibility to use advantages of protection of designs according sui generis designs right, also copyright. Protection of designs by copyright in cumulative protection of designs system after registration of designs is gained not according Berne Convention, but by other rules. But otherwise the gaining of special protection of designs by registering it according sui generis designs rules does not prohibit applying of Berne Convention for solving the disputes.
For protection of designs by sui generis designs rules it is also necessary the expression of designs in objective form despite that the Locarno classification reflects only groups of articles in which designs can be implemented but not concrete article.
The beginning of protection of designs according sui generis designs right is associated with the registration of designs, whereas the protection of designs according copyright starts from expression of designs in objective form.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
