Page 30 - BOSS Today Issue 26

LEGAL

DESIGN

FOR LAW

Major changes to design and patent law came into force in October 2014.

he law relating to design intellectual property law suited International Registration of ownership in design rights into
Trights and patents has to supporting innovation in the Industrial Designs; there is a line with ownership in copyright.
recently been reformed and the UK. The new law is designed to new criminal offence for the The new Act also makes a
changes took effect when the help businesses protect their deliberate copying of registered number of changes to the law
Intellectual Property Act 2014 intellectual property rights and designs, carrying a hefty penalty relating to patents. There has
came into force in October. provide greater certainty for of up to ten years in prison; and been some progress on creating
The new Act was produced investors in new designs. the owner of a design – whether a European patent right, and the
largely in response to a review The main changes to the registered or unregistered – is new Act gives the Secretary of
of intellectual property and law on design rights confer regarded as the designer unless State the power to give effect
growth which was published the ability to register a design otherwise agreed in writing to an agreement to introduce
in May 2011, which resulted in in multiple jurisdictions at the between the designer and a Unified Patent Court, which
key recommendations aimed same time under the Hague the commissioner of a new is expected to come into force
at creating a framework of Agreement Concerning the design. This last provision brings next year. Other changes include
the ability of patent owners to
direct viewers to a weblink that
will display details of patents and
applications, and a new power
of the Intellectual Property Office
to revoke a patent where there
has been a finding that the
requirements for an invention to
be new and have an inventive
step have not been satisfied.
BPIF and BOSS Commercial
Solicitor, Nicola Langley, says
that this is good news for small
and medium sized businesses
as the review identified this as
a key group to be targeted by
changes to the law, and the new
provisions should make it easier
for this group to identify and
protect their Intellectual Property
Rights.

n FOR FURTHER ADVICE
ON THIS SUBJECT, PLEASE
CONTACT THE BOSS LEGAL
TEAM ON 0845 450 1565.

30 BOSS TODAY | February/March 2015

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