• Trade Marks: Trade marks protect symbols, names and slogans that are used to identify and distinguish goods and services of one undertaking from those of another undertaking. Examples of trade marks include the names ‘Aston Martin’, ‘Microsoft’ and ‘Rolex’. They can also protect sounds (the Nokia ringtone), smells (Chanel No. 5) and shapes (the classic Coca-Cola bottle). Consider the logo used on a superyacht or the logos which may be found on individual parts of a superyacht — they serve to distinguish the goods and/or services of one organisation from another. Not all trade marks are registrable and there are various legal requirements they must satisfy. Once registered, trade marks can be protected indefinitely provided that various requirements are met, including the payment of renewal fees every 10 years. Unregistered trade marks arising through use also provide a certain amount of protection. IP laws have historically been harmonised to a large extent across the EU. However, following Brexit, there is the possibility of the UK’s laws diverging from those of Europe. Whilst this is unlikely to happen to a very significant extent given widespread appreciation of the benefits of harmonisation, it is nonetheless important to consider where further applications may need to be made in order to protect IP rights in both the UK and EU.
Note that a number of changes to UK IP law came into being on 1 January 2021 following the end of the Brexit transition period. These changes have been designed to ensure continuity as far as possible as the UK departs from EU IP systems. However, not all continuity mechanisms are automatic and therefore there are some instances where right’s holders will need to take action in order to continue to adequately protect their IP. IP lawyers are able to advise on all aspects of the legislative changes to make sure that your IP continues to be protected in both the UK and EU. A designer should never surrender their design palette or assign or license their intellectual property rights without specialist advice. Owners go to a designer for their style, which is their signature.
The following IP rights may apply to various elements you have designed or invented in relation to a superyacht: • Copyright: Copyright is the right to prevent others from copying your work, and is especially important when creating and negotiating superyacht designs. Copyright protects, amongst other things, artistic and literary works (which includes sketches, design drawings, photographs, images, books, paintings and sculptures), as well as computer programs, databases, sound recordings, films and broadcasts. Copyright will exist in a work if certain conditions are met, including: the work is original, the work has been recorded, and the work qualifies for copyright protection (which depends on the national status of the author, or the country of first publication of the work). Copyright arises automatically in the UK and there is no requirement for registration. • Design Rights: Design rights protect the outward appearance of an article resulting from its features, in particular, the shape, lines, contours, texture, colour, materials used and its ornamentation — for example, the shape of a superyacht hull or deck design may qualify for protection. To qualify as a new design, the overall impression of the design must be different from any earlier design. Design rights provide a monopoly right and prevent a third
party copying your design for a period of time. Design rights may be registered or unregistered and you can register your design provided it meets the eligibility criteria. • Patents: Patents protect inventions and give inventors the exclusive right to use and/or commercially exploit their inventions, generally for up to 20 years. Patents cover both manufactured products and processes, and they are available for most industrially applicable processes and devices. For a patent to be granted in respect of an invention, the invention must be new, involve an inventive step, be capable of industrial application and not fall within any of the applicable exclusions, for example scientific methods or software.
The benefit of a registered design is that the design
may enjoy a larger period of protection.
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