Re: [Patents] nice Greg newspeak lapse

[Andrew Rendle <andrew@andrewr.co.uk>]

Erik Josefsson wrote:
[snip]
> We have "mönsterskydd" in Sweden, which I think translates to "design 
> patents". Perhaps it is possible that someone in Sweden would and could 
> get "mönstetskydd" on a ""Decorative device for converting street shoes 
> to dress shoes". I am not sure, from SePTO (my translation):
>
> "Mönsterskydd means you have exclusive right to a particular design. 
> That is the form or the ornamentation of a product you want to sell. A 
> mönsterskydd can thus comprise many things like e.g. the looks of a car, 
> or a different tooth brush, a shape of a wrapping or flowers on a 
> wallpaper"
>
> http://www.prv.se/guiden/monsterguiden/index.html
>
> Mönsterskydd for a decorative device, no problem. But a patent, no way!
>
> //Erik

Sounds more like what in the UK is called a "design right", which is "an 
intellectual property right which applies to original, non-commonplace 
designs of the shape or configuration of products. Design right is not a 
monopoly right but a right to prevent copying... The design must be the 
shape or configuration of an *product*. Two-dimensional designs, such as 
textile or wallpaper designs, will not qualify... Also the design must 
not be commonplace, so well-known, ordinary, routine designs will not 
acquire design right." 
(http://www.patent.gov.uk/design/indetail/designright.htm)
A design right is far weaker than a copyright or patent - it only lasts 
for 10 years from when something with that design is first marketed, 
with compulsory licensing after 5, and a part of a design that needs to 
be copied to make a part fit, it is not covered by the design right. 
So, for example, if Foobar Electronics made digital cameras with a 
custom connector for the cable to link the camera to a computer, Wibble 
Cables & Connectors would not be infringing on Foobar Electronics' 
design right if they copied the design of that connector to make 
Wibble's el-cheepo cable for Foobar cameras.  But if Foobar made a 
camera that had a particular curved shape, and they supplied with it a 
cable using their custom connector and with a plug shaped to match the 
shape of the camera, Wibble would not be allowed to copy the weird 
external molding of Foobar's connector that made it look nice when 
plugged in, even though they can copy the layout of the pins within the 
connector (or whatever.)  That is, They can copy to get their 
replacement part to work, but they can't gratuitously copy the design in 
its entirety.
There is also something called a "registered design", which gets 
stronger protection than an unregistered one, but with restrictions on 
what sorts of designs  - they are only allowed for the actual appearance 
of a product, and the design must be new and "have individual 
character".  So, in the example of Foobar Electronics' weird curvy 
shaped camera, the design of the weird curvy shape could be registered 
(so long as it was new and had "individual character") but the design of 
something inside the camera could not be registered.
At this point, I would like to drop in a standard disclaimer:  I am not 
a lawyer.  I could be misunderstanding the law, if you think or know 
that I am, please correct me.

As an aside, the design right is, imho, an example of something that is 
lacking in modern copyright and patent laws: it is balanced.  It 
protects designers from copying of their work, and at the same time 
allows for interoperability.  It gives protection for a reasonable 
length of time, without lasting so long that the sun will be going nova 
by the time it expires (how long is it now until Disney et al. next need 
to buy an extension to copyright laws?)  And it has something that 
should exist in so many more areas of law: the law provides "remedy for 
groundless threats of infringement proceedings."  Yes, if someone 
falsely threatens to sue you over a design right, you can get damages 
for loss that their threats have caused! If only copyright had that, can 
anyone else say "big legal club to smack SCO with"?   (Hmmm, it's 
3:45am, maybe I've started to fall asleep and am having a pleasant dream 
:-) )

Andrew