Surprisingly Complex of Design Law.

Surprisingly Complex of Design Law. Apart from the definition attributed to this term, the variations pertaining to the different regimes for design law are effectively a manifestation of the diverse cultures and philosophies underlying the pedigree of Member States.2 However, the most tangible reason why the law for design protection is ambiguous, scattered and does not touch a unified, coherent base in today’s times, is due to the very fact that it combines aspects of form and functionality, simultaneously running parallel to those of expression, identification and instrumentality. Burdened with all these elements, it crosses the boundaries of being singularly categorized or molded into a single frame. thereby blending in and ultimately comprising characteristics usually identified with copyright, patents and even trademarks.3 Customary intellectual property regimes lack the creativity and flexibility to deal with this intersection of the earlier mentioned major branches of intellectual property. In the context of this essay, the five core systems (Registered Design Act 1949. Copyright, Designs and Patents Act 1988 governing unregistered design right. the Design Directive, and finally the Community Design Right under the European Council, which makes provisions for both unregistered and registered design right) formulated for design protection shall be briefly analyzed with a view to understanding the discrepancies in being able to effectively implement the laws therein, and the complexities therein. which have rendered design law ambiguous, scattered and a skeptical, risky subject to venture, without a touch of certainty. The Community Design Regulation being almost identical to the Design Directive, the focus shall be on the other three systems of design protection. In order to understand the complexities and the inconsistency in the laws to design protection, it is imperative that a brief comparative study be drawn between the two extremes which govern design law at present- the old system&nbsp.under the Registered Designs Act 1949 and the Design Directive 98/71/EC which was implemented by the Registered Designs Regulations 2001.

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