|
We call on U.S. industries that rely on design to
distinguish their goods from those of others (e.g. electronics, furniture,
automotive, lighting, general household and office products, etc.) to join
together in a coalition (the Design Registration League) to support sui
generis (one-of-a-kind) design legislation. Such a law would rely on cheap,
quick and effective registration of designs, rather than an examination system
as with existing design patents. At the same time, the two systems (design
registration and design patent) would be tailored to complement each
other. For an in-depth treatment of these issues, click on link below to A
Manifesto on Industrial Design Protection: Resurrecting the Design
Registration League.
Since the last attempt at passing U.S. sui generis design protection legislation in 1990, several significant developments combine to create a much more receptive environment to, and perhaps even demand for, such a law, namely:
1. The current laws for protecting designs have been rendered almost impotent;
2. Increased globalization has made more consumer products available whose only distinguishing characteristic, in many cases, is their outward appearance, i.e., their design;
3. Corporate American appreciates the value that good design brings to the bottom line;
4. The U.S. is arguably in violation of the 1995 TRIPS agreement for not providing for a system to protect “new or original” industrial designs;
5. The Vessel Hull Protection Act and Fashion Bill have demonstrated Congress’ willingness to consider and pass sui generis design protection laws, albeit special purpose ones;
6. The Internet has emerged as an effective organizing and communicating tool.
The time has come to solve the current crisis in U.S. design law by reconstituting a coalition of designers, manufacturers, and allied trade associations, to protect industrial designs quickly, easily, and inexpensively, before this last bastion of American creativity is knocked-off out of existence.
|
The time
has come to solve the current crisis in U.S. design law (see the recent
article The Crisis in the Law of Designs) by reconstituting
a coalition of designers, manufacturers, and allied trade associations, to
protect industrial designs quickly, easily, and inexpensively, before this last
bastion of American creativity is knocked-off out of existence.
For a copy of this article please send your request to: drl@protectdesigns.org and one will be emailed to you promptly.
|
|
