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Form Versus Function: Protecting Product Design Through Design Patents, Trade Dress, and Copyrights.

Authors :
Scharff, Christopher
Source :
IP Litigator. Nov/Dec2024, Vol. 30 Issue 6, p10-14. 5p.
Publication Year :
2024

Abstract

The article discusses the importance of protecting product design through design patents, trade dress, and copyrights. Design patents offer protection for 15 years and can cover functional articles, while trade dress protection can last indefinitely and requires the design to be non-functional and distinctive. Copyright protection is available for decorative features that are separable from the utilitarian aspects of the article. The article also highlights the overlap between different types of intellectual property protection and considerations for choosing the appropriate type of protection based on the design's expected lifetime, risk of copying, and cost of obtaining and enforcing rights. [Extracted from the article]

Details

Language :
English
ISSN :
1086914X
Volume :
30
Issue :
6
Database :
Academic Search Index
Journal :
IP Litigator
Publication Type :
Periodical
Accession number :
181433327