Qualification for design right: "Springing interests"

Johnson, Phillip ORCID: https://orcid.org/0000-0001-7316-0732 2006. Qualification for design right: "Springing interests". Journal of Intellectual Property Law and Practice 1 (12) , pp. 762-771. 10.1093/jiplp/jpl152

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Abstract

Legal context. An unregistered design can qualify for protection under the Copyright, Designs and Patents Act 1988 in a number of ways. However, as the European Community expands the qualification provisions in the Act come into conflict with Community law and the European Convention of Human Rights. This article sets out those issues and seeks a solution to them. Key points. This article begins by examining how a design qualifies for protection, by reason of the designer, the commissioner or the employer; or alternatively by reason of the person who first markets it. It then looks at the impact of new members joining the European Community and how this might create springing interests in design right. It then tries to reconcile the right in the EC Treaty not to be discriminated against on the grounds of nationality with the right to quiet enjoyment of property under the ECHR. Practical significance. This article considers the ownership of design right and springing interests. It will therefore be of interest to anyone who owns a design right by reason of the design being first marketed in the United Kingdom.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Oxford University Press
ISSN:	1747-1532
Last Modified:	27 Oct 2022 09:07
URI:	https://orca.cardiff.ac.uk/id/eprint/64429

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