THERE ARE DESIGNS…. AND THEN THERE ARE DESIGNS
On March 02, 2008 in General
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Industrial Designs are a form of intellectual property the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. In most parts of the world has Industrial Design as a separate form of intellectual property right. But in
However, architectural and building designs fall under the purview of copyrights. WIPO mentions the following on the question of ‘what is covered by copyright?’: The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Further, in December 1990, President George Bush Sr. signed into law the Architectural Works Copyright Protection Act of 1990 (AWCPA). Prior to this legislation, copyright protection for the work of design professionals was afforded only to drawings and specifications, but the author of the design had no copyright remedy if a duplicate structure was constructed from the original drawings and specifications or from the building itself, provided the drawings and specifications were not copied. Interestingly, bridges, cloverleafs, dams, highways or walkways are not “buildings” under the definition of architectural works.
Source: www.wipo.int, http://www.aepronet.org/pn/vol5-no2.html, www.wikipedia.org
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