Advanced copyright and design law Essay Example | Topics and Well Written Essays - 3250 words

Advanced copyright and design law - Essay Example This protection has uniform effect in the entire territory as laid down by the agreement. UK rights come into existence automatically, and the Community Unregistered design come into existence when the design is first made available. In addition, both rights do not always register their rights but for purposes of evidence in court they keep verified records when the design were created and by whom. Moreover, they both protect the appearance of articles but not its technical functions. Some features are excluded from UK and EC rights protection. They include design features that enable the article to connect with another that are dependent on the appearance of a complete article where the components are located. Comparably, UK and EU rights identify that design rights are not subsisted in principle of construction, shape and configuration of the article, surface decoration and are dependent on the appearance of another. Besides, design rights are not subsisted if the design has a controlled representation and the design is not recorded in a document or either through an article. In addition, unregistered rights in both the UK and EU are only applicable within a given territory. For instance, reciprocal protection is limited within specific territories. In UK the rights are designed to affect the countries within the United Kingdom while the European Union rights affect the nations that are registered with the union. This essay analyses the EU and UK systems and the clashes between the two. It uses case laws to give a clear picture of this. In addition, it also offers solutions on how to deal with each clash. In doing so the paper will have fully cover legislations that protect unregistered design right. Fisher defines a design as a product according to its shape or either ornamentation.1 Definition of a design varies among different types of legal protection. It relates to technical principles of its operation and