The Government has announced an increase in the scope of protection for Classic designs
Under the new measures, certain ‘artistic’ designs of manufactured goods (for example certain furniture, lamps and jewellery) created prior to 1987 may now be protected from unauthorised copying under copyright law. ACID welcomes today’s improvement in copyright protection for classic designs protected under works of artistic craftsmanship from 25 years to the life of the originator plus 70, this is a significant development and it raises further awareness about the continuing value of iconic design. Design infringement of “Classics”, however, will still have to be enforced and so we are looking for these improvements to be matched with strong enforcement policy nationally and internationally.
Dids Macdonald, ACID’s CEO said:
“ACID’s consistent voice to Government for over a decade has been, “Why should an iconic furniture designer have fewer rights than an artist or songwriter?” Now this has finally been recognised but it is only the start of much needed IP reform, thus far neglected, according to the Hargreaves Review of IP. Raising awareness about the importance of the value of design to the UK economy is critically important so it is a step firmly in the right direction. However, a Government leading a highly successful design nation, should be the first, not one of the last to conform to EU law in extending the term of protection for copyright works of artistic craftsmanship. It is timely that we fall in line with the rest of Europe who, collectively, view design as a significantly more valuable national asset”.
This improvement must not be confused with unregistered design rights protection which still only lasts for 3 years under EU law and for 15 in the UK (or 5 before a license of rights can be applied for and granted). Many of the UK’s incredibly talented 240,000 strong design army rely on unregistered design right and will not benefit from this change in the law. There is now an even wider gap in the scope of protection available for designers.
Nick Kounoupias, Partner at ACID accredited law firm, DMH Stallard said:
“Whilst we all welcome these proposals, they cannot be seen as a substitute to ensuring that 3-dimensional designs are given full parity of rights with the drawings and documents from which they are create”
The fight continues for equality of rights for designers between design right and copyright!
